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Abortions in first 12 weeks should be legalised in Germany, commission says
(www.theguardian.com)
this post was submitted on 15 Apr 2024
253 points (97.4% liked)
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I went in to read the German law itself and it's basically only illegal if certain conditions aren't met and that is getting a counseling beforehand.
I think that's a bit of a far stretch and misleading to say it's illegal but rarely punished etc.
Also the headline is completely wrong, as it is already allowed to get an abortion up to week 12.
Here is the part of the legal text defining the requirements.
Section 218a Exemption from punishment for abortion
(1) The elements of the offence under section 218 are not deemed fulfilled if
1. the pregnant woman requests the termination of pregnancy and demonstrates to the physician by producing the certificate referred to in section 219 (2) sentence 2 that she obtained counselling at least three days prior to the procedure,
2. the termination is performed by a physician and
3. no more than 12 weeks have elapsed since conception.
It's illegal but not punished if those conditions are met. It's a legal detail due to the constitutional court saying, more or less, that you can't just legalise the killing of a human if it's not self-defence and at-will abortions can't count as self-defence as noone infringed on the woman's rights.
The state is required to combat abortions, but social and welfare means have precedence over criminal punishment. Germany has a very low abortion rate (5.4/1000 women), that's about half that of Poland (which is Catholic) and 1/3rd to 1/4th (depending on the numbers you look at) of the US rates, and that's with abortion being illegal in a lot of US states and probably getting undercounted. 1/10th of Cuba.
It is illegal but decriminalized under those conditions. Still have a lot of pre conditions to fullfill