The current regulations on abortion are a fundamental ban on abortion under criminal law (Section 218 StGB). However, after state-approved counseling, an abortion can be performed within the first twelve weeks of pregnancy and after a reflection period of three days without penalty. Abortions for medical and criminological indications are not illegal (Section 218a StGB).
After an intensive socio-political struggle and a groundbreaking ruling by the Federal Constitutional Court on May 28, 1993, the current regulations have been in force since 1995. For many years, these were regarded as an inviolable compromise between the protection of life and a woman's self-determined decision.
The basis of the recent reform movement, which is also reflected in other European countries, is the self-determination of women and the so-called "reproductive rights" derived from this. In some cases, abortion is seen as a human right that should be included in the European Union's Charter of Fundamental Rights, among other things
In the course of the reform debate, the current regulations must be examined in terms of their original objectives and their success or failure. In particular, the underlying premise of the counseling rule "help instead of punishment" must be critically examined with regard to its implementation, its effect and its further development.
Please note, to date the paper is only available in German.
