The 18 experts who have been deliberating for a year on the removal of paragraph 218 on abortion from the criminal code and the possibilities for legalizing egg donation and surrogacy had imposed strict confidentiality on themselves. The “Commission on Reproductive Self-Determination and Reproductive Medicine”, initiated by Health Minister Karl Lauterbach (SPD), Justice Minister Marco Buschmann (FDP) and Family Minister Lisa Paus (Greens) a year ago, is set to present its final report on Monday. However, the report unexpectedly found its way into the public domain earlier this week, through a report in “Der Spiegel”. The content that has been reported so far has already caused controversy. Torsten Frei (CDU), parliamentary managing director of the Union faction, has already threatened to file a constitutional complaint if the coalition were to adopt the commission’s proposals. The commission’s suggestion is to eliminate abortion within the first twelve weeks of pregnancy from the criminal code altogether. According to the report, the fundamental illegality of abortion in the early stages of pregnancy is not sustainable. The current regulations in the criminal code do not stand up to “constitutional, international, and European legal scrutiny”. Instead, abortions within the first twelve weeks of pregnancy should be generally considered legal.
In the late stages of pregnancy, when the fetus is independently viable, abortions should remain prohibited, according to the commission. This boundary, the commission argues, is around the 22nd week from the beginning of the last menstrual period, about 20 weeks after conception. The specific regulations for the weeks between early and late stages should be determined by the legislature. The commission suggests that the legislature can, at its discretion, decide until what point abortion with a woman’s consent is allowed. This means that abortions may still be legal after the twelfth week. This regulation also has implications for health insurance. They may be required to cover the procedure. The network of counseling centers is to be maintained by the commission; the retention of the counseling requirement is not mandatory but possible. The Health and Family Ministries initially declined to comment on the report, and the parliamentary officials of the traffic light coalition referred to the planned presentation of the commission’s recommendations on the following Monday. However, the opposition has already begun to comment vigorously on the report. Draft would have no validity before the Constitutional Court “A pure deadline solution, as the commission apparently suggests, I consider it unconstitutional,” said the Union faction’s legal policy spokeswoman, Elisabeth Winkelmeier-Becker. “Such a change without an effective protection concept for the unborn child would not stand before the Federal Constitutional Court, as Justice Minister Buschmann also knows,” said the CDU politician WELT. For her, it would be a mistake to dismantle the “existing good compromise” on abortion in Germany. “This compromise works. Neither pregnant women nor doctors are committing a crime today, nobody is criminalized if they adhere to the easily understandable rules.” The pregnant woman has the sole decision-making right, while the obligation to advise also addresses the right to life of the child, and women are fully informed about all options. “These rules are indispensable for the protection of the unborn life.”
“The commission has unsurprisingly delivered what was ordered by the traffic light coalition,” said Union faction vice-chair Dorothee Bär to the Funke Mediengruppe newspapers. “Ideology sets the political agenda of this federal government, not the needs of the people.” She was appalled that the protection of the unborn child’s life no longer seemed to matter, the CSU politician said. “The right to life of the unborn is protected by the constitution. There is no reason to construct a supposed human right to self-determination out of injustice. Women in Germany already have the right to abortion.” The AfD faction was outraged by the commission’s suggestions. Abortions must be fundamentally viewed as wrong and continue to be legally prohibited for the entire duration of pregnancy, demanded family policy spokeswoman Mariana Harder-Kühnel. “Another view would lead to the absolute vulnerability of unborn life within a certain phase of pregnancy and would therefore be unconstitutional.” The killing of unborn life must not be trivialized or gradually normalized, said Harder-Kühnel. “The AfD faction therefore adheres to the sensible compromise solution of the Federal Constitutional Court and also denies a right to abortion higher than the protection of unborn life.”
In the Left Party, the proposals of the expert commission were expressly welcomed. “We support the commission not only recommending the legalization of abortion within the first twelve weeks but also clearly stating that it is possible to extend the time frame for abortions,” said Heidi Reichinnek, chair of the group Die Linke. “Thus, the commission is responding to the societal desire not to criminalize people who terminate a pregnancy.” The federal government must now swiftly present a bill, said Reichinnek. “The traffic light coalition must not leave the legalization of abortions to the next government.” In addition, abortions “should be a regular part of health care” and “finally be covered by health insurance.”
