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In its coalition agreement, the traffic light coalition agreed to have a commission of experts examine whether and under what conditions it would be possible to regulate abortion outside of the German Criminal Code (Section 218 ff StGB). In the opinion of the working group, such a regulation should focus on issues of reproductive self-determination and the autonomy of women.

However, the counseling solution in force since 1993 offers a compromise which, according to the ruling of the Federal Constitutional Court, takes into account the constitutional protection of unborn life.

With various contributions and opinions, we want to make a contribution to drawing attention to the complexity and sensitivity of the topic.

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Adobe Stocke / Ася Лысогорская

Mandatory counseling in pregnancy conflicts

Protection for everyone involved

Advocates of liberalizing abortion in Germany are calling for the abolition of mandatory pregnancy conflict counselling. However, current regulations and the experience of counselors show that mandatory counseling is the best way to do justice to the ethical, legal and psychosocial dimensions of this conflict.

Julia Seeberg
June 5, 2024
Monitor
adobe stock / agsandrew

Pregnancy Conflict and the Principle of Dual Advocacy

On the current discussion about § 218 StGB

The renegotiation of abortion laws in Germany raises profound questions: Can the balance between women's rights and the protection of the unborn be maintained? Prof. Sautermeister warns against neglecting the principle of "dual advocacy" and calls for a nuanced debate. A critical view of a societal turning point.

Jochen Sautermeister
April 12, 2024
Facts and Findings
Adobe Stock / agsandrew

Constitutional limits of a reform of §§ 218 ff. of the Criminal Code

Impulses in the discussion on § 218 StGB

Prof. Dr. Dr. h.c. Michael Kubiciel erörtert die verfassungsrechtlichen Begrenzungen einer potenziellen Neuregelung der Gesetzgebung zum Schwangerschaftsabbruch in Deutschland. Durch seine Analyse wird die essenzielle Bedeutung eines ausgewogenen Verhältnisses zwischen der Autonomie der Frau und dem Schutz ungeborenen Lebens, sowie der Wert langjähriger Kompromisse für die gesellschaftliche Einheit herausgestellt.

Michael Kubiciel
April 12, 2024
Monitor
Adobe Stock / agsandrew

Self-determination, criminalization and mandatory counselling

Impulses for Inquiries into § 218 StGB

Since the Federal Constitutional Court's ruling in 1993 and the legal provisions in 1995, the debate on abortion has largely calmed. The current regulation reflects a compromise between differing legal interests, respecting both the autonomy of the woman, as referenced in Articles 2 and 3 of the Basic Law, and the protection of unborn life, as per Article 1 Section 2.

Patricia Ehret
April 12, 2024
Monitor
Adobe Stock / agsandrew

Liberalization approaches based on reproductive self-determination and their possible consequences

Impulses in the discussion on § 218 StGB

Self-determination as a fundamental premise for any changes to the criminal prohibition of abortion must be thoroughly examined, taking various aspects into account: These include, for example, the suitability for reality of a required self-determined decision against the background of the causes of pregnancy conflict and abortion. The question of the compatibility of a self-determined decision with any rights of the unborn child must also be discussed again.

Florian M. Dienerowitz
April 12, 2024
Monitor
Adobe Stock / Manuel Schönfeld

Human Dignity - New Challenges

Socio-political issues in the context of human dignity

The core issues of many political projects currently under discussion concern the inviolable dignity of the human person. This applies both to the recently enacted Self-Determination Act and to the government coalition's plan to regulate abortion outside the Criminal Code in the future. But in 2020, the Federal Constitutional Court also established the need for a new regulation of assisted suicide that is compatible with human dignity. How can human dignity be adequately taken into account in these borderline issues?

Klaus Mertes SJ
October 6, 2023
Facts and Findings

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How much me? Questions about self-determination

§218 (Abortion) II

We talk to Julia Seeberg, Federal Managing Director of donum vitae e.V., about the current regulations, the duty to provide counselling and how affected women can be helped.

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How much me? Questions about self-determination

§218 (Abortion)

We talk to Elisabeth Winkelmeier-Becker MdB and Dr. Anne Gidion about the current regulations, compulsory counseling and how affected women can be helped (only in German).

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How much me? Questions about self-determination

Prof. Dr. Jochen Sautermeister about the topic of self-determination

Ethics expert Prof. Dr. Jochen Sautermeister shares his insights on the meaning and limits of self-determination and the associated political challenges (only in German).

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How much me? Questions about self-determination

Thomas Rachel MP on the topic of self-determination

Thomas Rachel MP comments on the political dimension of self-determination and possible reforms to § 218 StGB (only in German).

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Patricia Ehret

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Churches and Religious Communities

patricia.ehret@kas.de +49 030 26 996 3784 +49 030 26 996 3551