The German Minister of Justice, Stefanie Hubig (SPD), has outlined potential reforms to the nation’s abortion laws, emphasizing a need to balance the rights of women and the protection of unborn life. In an interview with “Süddeutsche Zeitung”, Hubig stated that current legislation deems abortions within the first trimester unlawful, but prosecutable, a situation she described as problematic.
Public opinion surveys consistently demonstrate widespread disagreement with the legal classification of first-trimester abortions, spanning political affiliations and religious beliefs. Hubig expressed personal alignment with this sentiment, while stressing the importance of mandatory counseling given the significant and far-reaching consequences of such decisions for both the woman and the unborn child.
Currently, the legal framework contributes to difficulties in finding medical professionals willing to perform abortions. The paradoxical status of being “unlawful but without penalty” creates reluctance amongst physicians and reform is anticipated to alleviate this issue.
The discussion extends to the implementation of provisions within the current coalition agreement, which aims to expand statutory health insurance coverage for abortion procedures. Legal experts, including Professor Frauke Brosius-Gersdorf, argue that such extended coverage necessitates a revision of Paragraph 218 of the German Criminal Code, which currently defines abortion as unlawful. This interpretation suggests the coalition implicitly agreed to a repeal of existing abortion law.
However, Minister Hubig has countered this perspective, suggesting that alternative approaches can be explored to achieve the coalition’s stated goals without amending the criminal code. She expressed confidence in the legal expertise within the Health Ministry, suggesting avenues for implementation can be found.
