A disagreement has emerged between the Christian Democratic Union (CDU) and the Social Democratic Party (SPD) regarding the interpretation of a coalition agreement clause concerning abortion access. The dispute centers on a provision aimed at improving support for women facing difficult pregnancies.
The coalition agreement states an intention to expand the scope of coverage from statutory health insurance to encompass situations beyond current regulations: “We will expand the cost coverage by statutory health insurance beyond the current regulations”. Frauke Brosius-Gersdorf, an SPD candidate for the Federal Constitutional Court, interprets this wording to suggest a potential need for the legalization of early-term abortions. Her reasoning is that a legal obligation for health insurance providers to cover costs would primarily apply to lawful terminations.
However, CDU/CSU representatives within the Bundestag have publicly refuted this interpretation. Elisabeth Winkelmeier-Becker (CDU) stated to “Welt” that the wording intends to enhance financial assistance for women with low incomes. She clarified that current support systems already exist through state funding and that health insurance providers currently facilitate applications to state authorities, asserting that this is the intended scope of expansion. The Union strongly opposes integrating abortion into the standard benefits catalog of statutory health insurance providers. Winkelmeier-Becker emphasized that there’s no indication the Union intends to alter current legislation and highlighted the state’s obligation to protect the unborn and align with existing Federal Constitutional Court rulings. Any changes to Paragraph 218 of the penal code are reportedly not part of the agreement and would contradict this obligation.
SPD politician Carmen Wegge, however, maintains a different perspective, stating to “Welt” that the intention is to transform abortion into a health insurance benefit. She agrees with Brosius-Gersdorf’s assessment that legalizing early-term terminations would be necessary to facilitate this, as unlawful procedures would be ineligible for health insurance coverage.
Although a cross-factional draft bill to legalize early-term abortions proposed by SPD, the Green Party and the Left Party failed to pass before the federal election, Wegge indicated that Chancellor Friedrich Merz (CDU) has signaled a willingness to discuss legalization post-election. She expects the government’s actions to be assessed against this stance within the next four years.
During a recent press conference, Chancellor Merz reiterated the commitment to upholding the agreements within the coalition contract. While he acknowledged potential legal consequences relating to Paragraph 218 of the penal code, he refrained from definitively assessing the necessary changes. Currently, abortion in Germany is illegal but, under certain conditions, remains unpunished. Merz suggested a potential need to review the situation to align social law and health insurance regulations, but expressed uncertainty about the extent of alterations needed.
