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{{short description|Overview of the legality and prevalence of abortions in Germany}}
{{short description|Overview of the legality and prevalence of abortions in Germany}}
{{More citations needed|date=June 2009}}
{{More citations needed|date=June 2009}}
'''Abortion in Germany''' is decriminalized on demand during the first 12 weeks of pregnancy upon condition of mandatory counseling. The same goes later in pregnancy in cases that the pregnancy poses an important danger to the physical or mental health of the pregnant woman. In the case that the abortion is because of a rape counseling is not mandatory. The woman needs to receive counseling, called ''{{lang|de|Schwangerschaftskonfliktberatung}}'' ("pregnancy-conflict counseling"), at least three days prior to the abortion and must take place at a state-approved centre, which afterwards gives the applicant a ''{{lang|de|Beratungsschein}}'' ("certificate of counseling").
'''Abortion in Germany''' in Germany, women can get an abortion without breaking the law during the first 12 weeks of pregnancy if they attend counseling. After that, it's allowed if there's a serious risk to the woman's health or if she was raped. The woman needs to receive counseling, called ''{{lang|de|Schwangerschaftskonfliktberatung}}'' ("pregnancy-conflict counseling"), at least three days prior to the abortion and must take place at a state-approved centre, which afterwards gives the applicant a ''{{lang|de|Beratungsschein}}'' ("certificate of counseling"). Doctors provide medication to cause the abortion, and observe to ensure there are no negative reactions to the medication.
[[File:Protest against abortion restriction in Kraków, 20201025 1553 2240.jpg|alt= |thumb|Protest in 2020 against abortion restrictions in Kraków.]]
Abortion is a big deal that can make people feel strong emotions. It means purposefully ending a pregnancy. It's been happening for a long time all over the world. Some people think it's okay, while others don't like it at all. People decide to have an abortion for different reasons, like what they believe in, what they think is right or wrong, or worries about life. Other things that matter are how easy it is to get medical help, if the government should make rules about having babies, and how money and other problems affect what people choose. But this paper isn't about picking sides. It's about understanding Abortion and all the different ways people see it, the laws about it, and the things we think about when we talk about it


In this article it will get into laws and opinions about abortion in Germany. Explaining how these laws have changed over time and what they are now. Basically, abortion is allowed in certain situations in Germany, like during the first few months of pregnancy or when it's needed for medical reasons. Will get into things like what people in Germany think about abortion and the reasons people give for or against it. Yet, of course about other things like pregnancy and birth control. In contrast, it will be talking 'abortion' and how laws, rules, culture, and beliefs play a role in it.
Doctors provide medication to cause the abortion, and observe to ensure there are no negative reactions to the medication.


==Law==
==Law==
Abortion is illegal under Section 218 of the [[Strafgesetzbuch|German criminal code]], and punishable by up to three years in prison (or up to five years for "reckless" abortions or those against the pregnant woman's will). Section 218a of the German criminal code, called ''Exception to liability for abortion'', makes an exception for abortions with counseling in the first trimester, and for medically necessary abortions and abortions due to unlawful sexual acts (such as sexual abuse of a minor or rape) thereafter.<ref>{{Cite web |title=Strafgesetzbuch (StGB) §218-219 |publisher=buzer.de| url=https://www.buzer.de/s1.htm?g=StGB&a=218-219b |language=de |access-date=30 September 2019}}</ref><ref>{{Cite web |title=German Criminal Code |publisher=Federal Ministry of Justice and Consumer Protection| url=https://www.gesetze-im-internet.de/englisch_stgb |language=en |date=10 October 2013| access-date=30 September 2019}}</ref>
Abortion is illegal under Section 218 of the [[Strafgesetzbuch|German criminal code]], and punishable by up to three years in prison (or up to five years for "reckless" abortions or those against the pregnant woman's will). The law about abortion is in Sections 218 and 218a of the German criminal code. It says that abortion is illegal, but there are exceptions. For example, if a woman gets counseling in the first three months of pregnancy, or if the abortion is medically necessary or because of rape.
[[File:Statua Iustitiae.jpg|thumb]]

All abortions in Germany must be performed by a [[Physician|medical doctor]].<ref>{{Cite web|title=German Criminal Code (Strafgesetzbuch – StGB)|url=https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html|access-date=6 December 2021|website=www.gesetze-im-internet.de}}</ref>
All abortions in Germany must be performed by a [[Physician|medical doctor]].<ref>{{Cite web|title=German Criminal Code (Strafgesetzbuch – StGB)|url=https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html|access-date=6 December 2021|website=www.gesetze-im-internet.de}}</ref>


To add, Niţă and Goga examines how people in Romania perceive and undergo abortion, shedding light on the rules and their impact on individuals' health and well-being. By exploring the influence of Romanian culture and society on attitudes towards abortion, Niţă and Goga provide a comprehensive understanding of the interconnectedness between laws, culture, and health in the context of abortion. Their research prompts reflection on the importance of carefully considering these factors when formulating abortion regulations, particularly when comparing with perspectives from other countries like Germany. This comparison underscores the necessity of thoughtful deliberation in shaping abortion policies and discussions. In addition to Niţă and Goga's article, the contrasting perspectives provided offer valuable insights into the diverse approaches to addressing abortion across different regions. While Niţă and Goga focus on how Romanian culture shapes attitudes towards abortion, the broader discussion highlights the significance of recognizing and respecting varied cultural contexts when addressing abortion laws. Understanding these factors contributes to a more nuanced understanding of abortion and underscores the importance of approaching abortion legislation and discourse with sensitivity and inclusivity.<ref>{{Cite journal |last=Niţă |first=Andreea Mihaela |date=2020 |title="A research on abortion: Ethics, legislation and socio-medical outcomes. Case study: Romania" |url=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7728127/ |journal=Romanian Journal of Morphology and Embryology |volume=61 |issue=1 |pages=283–294 |via=PubMed Central (PMC)}}</ref>
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==Statistics==

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Abortion-numbers had been falling over the last 25 years, there were 130,000-135,000 per year between 1996 and 2002, but this had fallen to a low of <99,000 abortions in 2016 and since then stabilized at around 100,000 abortions yearly.<ref name="abortionlegal">{{Cite web|title=Abortion numbers in Germany 1996-2020|url=https://www.statista.com/statistics/1087387/number-of-abortions-germany/}}</ref>
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=='''Statistics'''==
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Doctors give medicine to cause the abortion and watch for any problems. The number of abortions has gone down over 25 years. In 2016 and since then there were about 100,000 abortions in Germany yearly. <ref name="abortionlegal">{{Cite web|title=Abortion numbers in Germany 1996-2020|url=https://www.statista.com/statistics/1087387/number-of-abortions-germany/}}</ref>


{{as of|2018}}, the abortion rate was 129 abortions per 1,000 live births.<ref>{{Cite web|title=Abortion rate in Europe 2018|url=https://www.statista.com/statistics/866423/abortion-rate-europe/|access-date=6 December 2021|website=Statista|language=en}}</ref>
{{as of|2018}}, the abortion rate was 129 abortions per 1,000 live births.<ref>{{Cite web|title=Abortion rate in Europe 2018|url=https://www.statista.com/statistics/866423/abortion-rate-europe/|access-date=6 December 2021|website=Statista|language=en}}</ref>

It's really important to know about the different rules about abortion in each state in the United States also. Louisiana has been in a big fight over abortion rights. According to some numbers from the Louisiana Department of Health that Louisiana Right to Life got, there were “7,444 abortions in Louisiana in 2021”. <ref>{{Cite web |last=Louisiana Right to Life |date=June 17, 2022 |title="Louisiana abortion statistics" |url=https://prolifelouisiana.org/louisiana-abortion-statistics |url-status=live |access-date=April 22, 2024 |website=Louisiana Right to Life}}</ref> To understand the local rules, we need to look at information from the Center for Reproductive Rights (1992-2024).<ref>{{Cite web |last=Center for Reproductive Rights |date=September 15, 2021 |title="Abortion in Louisiana" |url=https://reproductiverights.org/case/scotus-june-medical-services/abortion-in-louisiana/ |url-status=live |access-date=April 22, 2024 |website=Center for Reproductive Rights}}</ref> They talk about the legal fight in Louisiana. This article is about a big legal problem about a law that says doctors who do abortions have to be able to take care of patients at nearby hospitals too. People are arguing about how this law affects getting abortions and keeping patients safe. The decision the Supreme Court makes about this case could affect abortion laws all over the country, not just in Louisiana.


==History==
==History==
===Early===
===Early===
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Abortion laws in Germany have been around since the 15th century. Back in 1532, there was a law called [[Constitutio Criminalis Carolina]] that talked about abortion. Then, in 1794, there were specific laws in places like part 2 title 20 section 986-990 of [[General State Laws for the Prussian States]]. Later, in 1851, there were new rules in sections 181 and 182 for the Penal Code for Prussia, which became part of the Penal Code for the whole [[North German Federation]] in 1870 and german empire 1872.<ref>{{cite journal |author=Henry P. David, Jochen Fleischhacker and Charlotte Hohn |date=March 1988 |title=Abortion and Eugenics in Nazi Germany |journal=Population and Development Review |volume=14 |issue=1 |pages=81–112 |doi=10.2307/1972501 |jstor=1972501 |pmid=11655915}}</ref> On 15 May 1871, following the [[Proclamation of the German Empire]], the latter code was incorporated into sections 218–220 of the Penal Code for the German Reich ([[Strafgesetzbuch]]), taking effect on 1 January 1872. This law, Section 218, said abortion was illegal and people could go to jail for it. In the early 20th century, there were talks about making abortion legal, especially during the [[Weimar Republic]],. In 1927, a court decision made abortion okay in cases where the mother's life was in serious danger, similar to the United Kingdom decision ''R v [[Aleck Bourne|Bourne]]''.
Abortion legislation was codified in item 133 of the [[Constitutio Criminalis Carolina]] (1532). Later were particular laws in Germany, e.g. in [[Prussia]] part 2 title 20 section 986-990 of [[General State Laws for the Prussian States]] (1794).
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1851 it was codified in sections 181 and 182 of the Penal Code for Prussia, which formed the basis for the Penal Code of the [[North German Federation]] (1870).<ref>{{cite journal |author=Henry P. David, Jochen Fleischhacker and Charlotte Hohn |date=March 1988 |title=Abortion and Eugenics in Nazi Germany |journal=Population and Development Review |volume=14 |issue=1 |pages=81–112 |doi=10.2307/1972501 |jstor=1972501|pmid=11655915 }}</ref> On 15 May 1871, following the [[Proclamation of the German Empire]], the latter code was incorporated into sections 218–220 of the Penal Code for the German Reich ([[Strafgesetzbuch]]), taking effect on 1 January 1872. Section 218 outlawed abortion, requiring a penal term for the woman and any involved person. Legalization of abortion was first widely discussed in Germany during the early 20th century. During the [[Weimar Republic]], such discussion led 1926 to a reduction in the penalty for abortion, and in 1927 a court's decision – similar to the United Kingdom decision ''R v [[Aleck Bourne|Bourne]]'' – decriminalized abortion in cases of grave danger to the life of the mother.


===Nazi era===
===Nazi era===
[[File:Neues Volk eugenics poster, c. 1937 (brightened).jpeg|thumb|Propaganda poster from Nazi Germany promoting eugenics, around 1937]]
[[Nazi eugenics|Nazi Germany's eugenics laws]] severely punished abortion for women belonging to the putative "[[Aryan race#Nazism|Aryan race]]", but permitted abortion on wider and more explicit grounds than before if the fetus was believed to be deformed or disabled or if termination otherwise was deemed desirable on [[eugenic]] grounds, such as the child or either parent suspected of being carrier of a [[genetic disease]]. Sterilization of the parents also took place in some such cases. In cases where the parents were Jewish, abortion was also not punished.<ref name="Ferree">{{Cite book |first=Myra Marx |last=Ferree |author-link=Myra Marx Ferree |title=Shaping abortion discourse: democracy and the public sphere in Germany and the United States |year=2002 |publisher=Cambridge University Press |isbn=9780521793841 |url=https://books.google.com/books?id=SRn9qynS20kC&pg=PA27}}</ref><ref>{{Cite book |title=Reforming Sex: The German Movement for Birth Control and Abortion Reform, 1920–1950 |year=1997 |publisher=Oxford University Press |first=Atina |last=Grossmann |isbn=9780195363517 |url=https://books.google.com/books?id=Tex-BuFgji0C&pg=PA152}}</ref>
During the time of the [[Nazi eugenics|Nazi Germany's eugenics laws]], they had strict rules about who could get an abortion. If you were from the "[[Aryan race#Nazism|Aryan race]]", you were punished harshly for having an abortion. However, they allowed abortion in more cases if the fetus was thought to be deformed or disabled or if termination was considered desirable for eugenic reasons, such as if the child or either parent was suspected of carrying a [[genetic disease]]. Sterilization of the parents also happened in some cases. In cases where the parents were Jewish, abortion was also not punished.<ref name="Ferree">{{Cite book |first=Myra Marx |last=Ferree |author-link=Myra Marx Ferree |title=Shaping abortion discourse: democracy and the public sphere in Germany and the United States |year=2002 |publisher=Cambridge University Press |isbn=9780521793841 |url=https://books.google.com/books?id=SRn9qynS20kC&pg=PA27}}</ref><ref>{{Cite book |title=Reforming Sex: The German Movement for Birth Control and Abortion Reform, 1920–1950 |year=1997 |publisher=Oxford University Press |first=Atina |last=Grossmann |isbn=9780195363517 |url=https://books.google.com/books?id=Tex-BuFgji0C&pg=PA152}}</ref>


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During [[World War II]], on 9 March 1943, Nazi Germany introduced severe abortion prohibitions through Section 218. It stated that those involved in killing a fetus would face prison sentences, with more serious cases receiving penitentiary terms, and even the death penalty if deemed harmful to the German nation's vitality. The abortion policy varied depending on different groups and territories, with the common goal of promoting the birth rate of the "Aryan race" and reducing others, such as Slavs, and those considered burdensome to German society, like the children of disabled and mentally ill individuals. Forced abortions of ''[[Ostarbeiter]]'' , referenced in documents from the Trials of War Criminals before the [[Nuremberg Military Tribunals]]. , were part of Nazi Germany's "systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups".<ref>{{cite book |url=https://hdl.loc.gov/loc.law/llmlp.2011525364_NT_war-criminals_Vol-IV |title=Trials of War Criminals Before the Nuernberg Military Tribunals under Control Council Law No. 10 (Volume 4) |date=1947 |pages=609–610}}</ref>
The severest abortion prohibitions were incorporated into law on 9 March 1943. Section 218 stated that "a woman who kills her fetus or permits such a killing by another will be punished by a prison sentence and, in especially serious cases, by penitentiary. An attempt is punishable. Whoever else kills the fetus of a pregnant woman will be punished by a penitentiary sentence, in milder cases by prison. If the perpetrator through such deeds continuously impairs the vitality of the German nation, the death penalty is imposed. Whoever procures for the pregnant woman a means or objects for killing the fetus will be punished by prison sentence, and in especially serious cases, by penitentiary".
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During [[World War II]], abortion policy in Nazi Germany varied depending on the people group and territory the policy was directed at. The commonality between policies was its purpose in promoting the birth rate and population of the "Aryan race" and minimizing the population of others (such as Slavs), and those deemed a burden on German society such as the children of disabled and mentally ill persons. Forced abortions of ''[[Ostarbeiter]]'' for instance was referenced in documents from the Trials of War Criminals Before the [[Nuremberg Military Tribunals]]. It has been categorized as a part of Nazi Germany's "systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups".<ref>{{cite book |title=Trials of War Criminals Before the Nuernberg Military Tribunals under Control Council Law No. 10 (Volume 4) |date=1947 |pages=609–610 |url=https://hdl.loc.gov/loc.law/llmlp.2011525364_NT_war-criminals_Vol-IV}}</ref>


While abortion had been punished by the law in Poland previously, under Nazi occupation these prohibitions were removed and abortion was instead encouraged subject to whether the child had a German father or could be racially "Germanized." Similarly, the policy for Eastern female workers, was that pregnancy may be "interrupted" if the pregnant woman so "desired" which gave the appearance of consent on behalf of the mother. For pregnancies of non-German woman, whether an abortion would be permitted also depended on the mother's nationality, but primarily turned on whether the father was German or if the mother was of a race that could be "Germanized." If the child was deemed to be of a race that could contribute to the German race and the father was German then an abortion, or as described in Nazi documents an "interruption of pregnancy," would likely not be permitted. Such determinations were made by the Race and Settlement Main Office (RuSHA)– who would determine the fate of the child.<ref>{{cite journal |first=Jeffrey |last=Tuomala |date=1 January 2011 |title=Nuremberg and the Crime of Abortion |volume=42 |journal=University of Toledo Law Review |page=283 |url=https://core.ac.uk/download/pdf/58824124.pdf }}</ref>
During World War II, under Nazi occupation in Poland, previous abortion prohibitions were lifted, and abortion was even encouraged under certain conditions. This depended on whether the child had a German father or could be racially "Germanized." For Eastern female workers, pregnancies could be "interrupted" if the mother wished, which seemed like consent. Whether an abortion was allowed for non-German women depended on their nationality, focusing primarily on the father's German ethnicity or the mother's potential to be "Germanized." If the child was considered able to contribute to the German race and had a German father, an abortion (or "interruption of pregnancy" as described in Nazi documents) would likely not be permitted. The Race and Settlement Main Office (RuSHA) made these determinations, deciding the fate of the child.<ref>{{cite journal |first=Jeffrey |last=Tuomala |date=1 January 2011 |title=Nuremberg and the Crime of Abortion |volume=42 |journal=University of Toledo Law Review |page=283 |url=https://core.ac.uk/download/pdf/58824124.pdf }}</ref>


===Post-war===
===Post-war===
After World War II, abortion remained broadly illegal throughout both German states: [[West Germany]] retained the legal situation of 1927, while [[East Germany]] passed a slightly more encompassing set of exceptions in 1950. The legal requirements in the West were extremely strict, and often led women to seek abortions elsewhere, particularly in the Netherlands. It has been estimated that about 2 million women had abortions each year between 1945 and 1948, mostly in the Soviet zone. An abortion cost around 1,000 marks and was performed without anaesthesia. 6000 Berlin women died each year in the Soviet zone from resulting complications.<ref>{{cite book |last1=Richie |first1=Alexandra |title=Faust's Metropolis |date=1998 |publisher=Carroll & Graf |location=New York |isbn=0-7867-0510-8 |page=[https://archive.org/details/faustsmetropolis00rich/page/617 617] |url-access=registration |url=https://archive.org/details/faustsmetropolis00rich/page/617 }}</ref>
After World War II, abortion laws in both German states remained strict: [[West Germany]] stuck with the regulations of 1927, while [[East Germany]] slightly broadened its exceptions in 1950. The rules in the West were particularly stringent, often prompting women to seek abortions elsewhere, notably in the Netherlands. During the years 1945-1948, an estimated 2 million abortions occurred annually, mostly in the Soviet zone. These procedures were costly, around 1,000 marks, and were often performed without anaesthesia, leading to about 6000 deaths annually among Berlin women in the Soviet zone due to complications.<ref>{{cite book |last1=Richie |first1=Alexandra |url=https://archive.org/details/faustsmetropolis00rich/page/617 |title=Faust's Metropolis |date=1998 |publisher=Carroll & Graf |isbn=0-7867-0510-8 |location=New York |page=[https://archive.org/details/faustsmetropolis00rich/page/617 617] |url-access=registration}}</ref> On June 6, 1971, the magazine ''[[Stern (magazine)|Stern]]'' in West Germany boldly proclaimed "[[We've had abortions!]]" (German: Wir haben abgetrieben!), featuring images of 30 women who had undergone the procedure.<ref name="coverinquestion">{{cite web |title=Stern 6 June 1971 (the cover) |url=http://germanhistorydocs.ghi-dc.org/images/stern1971_web1.jpg |url-status=dead |archive-url=https://web.archive.org/web/20070610210528/http://germanhistorydocs.ghi-dc.org/images/stern1971_web1.jpg |archive-date=10 June 2007 |access-date=12 June 2019}}</ref> Among them, 374 women, some with high public profiles, publicly confessed to terminating pregnancies, challenging the legal restrictions outlined in §218 and asserting their right to abortion.<ref name="ThomGross">{{cite book |author=Thomas Grossbölting |url=https://books.google.com/books?id=8JksFGTT2cwC&pg=PA131 |title=Der verlorene Himmel: Glaube in Deutschland seit 1945 |publisher=Vandenhoeck & Ruprecht, Göttingen |year=2013 |isbn=978-3-525-30040-4}}</ref>


In [[Law on the interruption of pregnancy in the German Democratic Republic|1972]], East Germany legalized elective abortion up to 12 weeks into pregnancy, which marked a significant decision by the [[Volkskammer]], breaking its streak of unanimous votes in its first 40 years. Following this, West Germany followed suit, passing a similar law in 1974. However, this new legislation faced a challenge when the [[Federal Constitutional Court of Germany|Constitutional Court]] [[German Federal Constitutional Court abortion decision|struck down in 1975]], ruling it incompatible with the human rights protected by the constitution. Moving forward, abortions became covered by public health insurance in cases of sexual abuse or when the mother's health was seriously at risk. Low-income women were also provided state-funded abortions.<ref>{{cite web |title=Schwangerschaftsabbruch |url=https://www.aok.de/inhalt/schwangerschaftsabbruch/ |access-date=5 September 2017 |website=AOK}}</ref>
On 6 June 1971, the cover of the West German magazine ''[[Stern (magazine)|Stern]]'' ran with the headline "[[We've had abortions!]]" (German: ''Wir haben abgetrieben!''), and featured the pictures of 30 women who had done so.<ref name="coverinquestion">{{cite web|title=Stern 6 June 1971 (the cover)|url=http://germanhistorydocs.ghi-dc.org/images/stern1971_web1.jpg|access-date=12 June 2019|archive-date=10 June 2007|archive-url=https://web.archive.org/web/20070610210528/http://germanhistorydocs.ghi-dc.org/images/stern1971_web1.jpg|url-status=dead}}</ref> 374 women, some, but not all, of whom had a high public profile, publicly confessed that they had had pregnancies terminated, which at that time was illegal. They challenged §218 and asserted their right to abortion.<ref name="ThomGross">{{cite book|author=Thomas Grossbölting|title=Der verlorene Himmel: Glaube in Deutschland seit 1945|publisher= Vandenhoeck & Ruprecht, Göttingen|year=2013 |isbn= 978-3-525-30040-4|url=https://books.google.com/books?id=8JksFGTT2cwC&pg=PA131}}</ref> However, since 2010 a small number of those 374 women publicly confessed that they had either never aborted or not before 1971 and had actually lied for the Stern cover in 1971 because of their political beliefs.{{citation needed|date=October 2021}}


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In 2022, the [[Scholz cabinet|Olaf Scholz coalition]] of social democrats, greens, and liberals, supported by [[The Left (Germany)|The Left]],, repealed [[§ 219a|paragraph 219a]].<ref>{{Cite web |last=Hausding |first=Götz |title=Deutscher Bundestag - Werbeverbot für Schwangerschaftsabbrüche gestrichen |url=https://www.bundestag.de/dokumente/textarchiv/2022/kw25-de-werbeverbot-schwangerschaftsabbruch-897782 |access-date=2022-11-13 |website=Deutscher Bundestag |language=de}}</ref> This allowed medical professionals to openly state the abortion procedures they offer on their websites.<ref>{{Cite web |last=Bundestagsfraktion |first=Bündnis 90/Die Grünen |title=Paragraf 219a ist endlich aufgehoben |url=https://www.gruene-bundestag.de/themen/frauen/paragraf-219a-stgb-wird-gestrichen |access-date=2022-11-13 |website=Bundestagsfraktion Bündnis 90/Die Grünen |language=de-DE}}</ref>
East Germany legalized elective abortion until 12 weeks of pregnancy in [[Law on the interruption of pregnancy in the German Democratic Republic|1972]], in the [[Volkskammer]]'s only non-unanimous vote ever in the first 40 years of its existence. After West Germany followed suit in 1974, its new law was [[German Federal Constitutional Court abortion decision|struck down in 1975]] by the [[Federal Constitutional Court of Germany|Constitutional Court]] as inconsistent with the human rights guarantee of the [[Basic Law for the Federal Republic of Germany|constitution]]. It held that the unborn has a [[right to life]], that abortion is an act of killing, and that the fetus deserves legal protection throughout its development.{{fact|date=February 2024}} Nevertheless, the [[legal opinion]] strongly hinted that increasing the number of situations in which abortion was legal might be constitutional.{{fact|date=February 2024}}


=== '''Current Legal and Social Dynamics''' ===
In 1976, West Germany revised abortion law. According to the new modifications to §218, penalties for abortions are not enforced on doctors and patients when several conditions are met: terminations must be no later than twelve weeks of pregnancy – or must be performed for reasons of [[medical necessity]], sexual crimes, or serious social or emotional distress – if approved by two doctors, and subject to counseling and a three-day waiting period. In 1989, a [[Bavaria]]n doctor was sentenced to two and a half years in prison, and 137 of his patients were fined for failing to meet the certification requirements.{{fact|date=February 2024}}
Recent changes in abortion rights around the world are important to know about. Also, there's a big focus on abortion in the United States right now. According to Glenza's article, people who don't like abortion are trying to change a law called Roe v. Wade. The article talks about what they've done and what they want to do next. Glenza talks about the anti-abortion movement in the United States and how they're trying to change the law. She explains what they're doing and what they hope will happen in the future. The article is about the current abortion debate and how it affects women's rights. It gives useful information about abortion laws and how people are trying to change them. <ref>{{Cite news |last=Glenza |first=Jessica |date=July 1, 2022 |title="Anti-abortion movement achieved goal of reversing Roe – but it is far from done" |url=: https://www.theguardian.com/law/2022/jul/01/anti-abortion-movement-roe-reversal-what-next |url-status=live |archive-date= |access-date=April 22, 2024 |work=The Guardian}}</ref>


=== '''Ethical Considerations.''' ===
The two laws had to be reconciled after [[German reunification|reunification]]. A new law was passed by the [[Bundestag]] in 1992, permitting first-trimester elective abortion, subject to counseling and a three-day waiting period, and permitting late-term abortions when the physical or psychological health of the woman is seriously threatened. The law was quickly challenged in court by a number of individuals – including Chancellor [[Helmut Kohl]] – and by the State of Bavaria. The Constitutional Court decided a year later to maintain its earlier decision that the constitution protected the fetus from the moment of conception, but stated that it is within the discretion of parliament not to punish abortion in the first trimester,{{Citation needed|date=November 2009}} provided that the woman had submitted to state-regulated [[informed consent|counseling]] intended to discourage termination and protect fetal life. Parliament passed such a law in 1995.{{Citation needed|date=September 2019}} <!-- URL no longer valid <ref>http://annualreview.law.harvard.edu/population/abortion/GERMANY.abo.htm {{Dead link|date=March 2022}}</ref> --> Abortions are covered by [[universal healthcare|public health insurance]] if the pregnancy was caused by sexual abuse, such as rape, or if the mother's health is seriously endangered by the pregnancy. For women with low income, the state governments pay for an abortion.<ref>{{cite web|title=Schwangerschaftsabbruch|url=https://www.aok.de/inhalt/schwangerschaftsabbruch/|website=AOK|access-date=5 September 2017}}</ref>
[[File:William E. Diedrich, Ph.D., Administration Building 03.jpg|thumb|Picture of the William E. Diedrich, Ph.D., Administration Building, Palm Springs, California]]
Additionally, understanding the ethics surrounding abortion is crucial. 'The Ethics of Abortion: Women's Rights, Human Life, and the Question of Justice' by William E. May, Ph.D., explores various perspectives on abortion ethics, delving into questions of right and wrong. May's work provides valuable insights into the complexities of abortion, presenting arguments from both sides in a clear and accessible manner. By encouraging readers to carefully consider these challenging questions, May's book serves as a helpful resource for those seeking to understand the moral dimensions of abortion. May's approach to presenting diverse viewpoints fosters meaningful dialogue and introspection. It offers valuable insights for anyone grappling with the complexities of abortion and seeking to engage in informed discussions. Ultimately, it provides an essential perspective for individuals, especially women, seeking a deeper understanding of this contentious issue.<ref>{{Cite book |last=May |first=William E. |title="Book review: The ethics of abortion: Women’s rights, human life, and the question of Justice" |date=February 2012 |publisher=The Linacre Quarterly |year=2012 |publication-date=February 1, 2012 |pages=104–117}}</ref>


In closing, it's important to grasp the complexities surrounding abortion laws, cultural influences, and ethical considerations. By looking at different viewpoints from various countries and exploring the moral aspects of abortion, we gain valuable insights into this controversial issue. The ongoing debates and legal battles highlight the importance of careful thought and inclusive in shaping abortion policies and discussions. Ultimately, fostering empathy, respect, and understanding for diverse viewpoints is crucial as we navigate the many facets of abortion rights and regulations.
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In 2022, the [[Scholz cabinet|Olaf Scholz coalition]] of social democrats, greens, and liberals, repealed [[§ 219a|paragraph 219a]], together with votes from [[The Left (Germany)|The Left]].<ref>{{Cite web |last=Hausding |first=Götz |title=Deutscher Bundestag - Werbeverbot für Schwangerschaftsabbrüche gestrichen |url=https://www.bundestag.de/dokumente/textarchiv/2022/kw25-de-werbeverbot-schwangerschaftsabbruch-897782 |access-date=2022-11-13 |website=Deutscher Bundestag |language=de}}</ref> This allowed medical professionals to state on their websites what kinds of abortion procedures they offer.<ref>{{Cite web |last=Bundestagsfraktion |first=Bündnis 90/Die Grünen |title=Paragraf 219a ist endlich aufgehoben |url=https://www.gruene-bundestag.de/themen/frauen/paragraf-219a-stgb-wird-gestrichen |access-date=2022-11-13 |website=Bundestagsfraktion Bündnis 90/Die Grünen |language=de-DE}}</ref>


==References==
==References==

Revision as of 00:43, 23 April 2024

Abortion in Germany in Germany, women can get an abortion without breaking the law during the first 12 weeks of pregnancy if they attend counseling. After that, it's allowed if there's a serious risk to the woman's health or if she was raped. The woman needs to receive counseling, called Schwangerschaftskonfliktberatung ("pregnancy-conflict counseling"), at least three days prior to the abortion and must take place at a state-approved centre, which afterwards gives the applicant a Beratungsschein ("certificate of counseling"). Doctors provide medication to cause the abortion, and observe to ensure there are no negative reactions to the medication.

Protest in 2020 against abortion restrictions in Kraków.

Abortion is a big deal that can make people feel strong emotions. It means purposefully ending a pregnancy. It's been happening for a long time all over the world. Some people think it's okay, while others don't like it at all. People decide to have an abortion for different reasons, like what they believe in, what they think is right or wrong, or worries about life. Other things that matter are how easy it is to get medical help, if the government should make rules about having babies, and how money and other problems affect what people choose. But this paper isn't about picking sides. It's about understanding Abortion and all the different ways people see it, the laws about it, and the things we think about when we talk about it

In this article it will get into laws and opinions about abortion in Germany. Explaining how these laws have changed over time and what they are now. Basically, abortion is allowed in certain situations in Germany, like during the first few months of pregnancy or when it's needed for medical reasons. Will get into things like what people in Germany think about abortion and the reasons people give for or against it. Yet, of course about other things like pregnancy and birth control. In contrast, it will be talking 'abortion' and how laws, rules, culture, and beliefs play a role in it.

Law

Abortion is illegal under Section 218 of the German criminal code, and punishable by up to three years in prison (or up to five years for "reckless" abortions or those against the pregnant woman's will). The law about abortion is in Sections 218 and 218a of the German criminal code. It says that abortion is illegal, but there are exceptions. For example, if a woman gets counseling in the first three months of pregnancy, or if the abortion is medically necessary or because of rape.

All abortions in Germany must be performed by a medical doctor.[1]

To add, Niţă and Goga examines how people in Romania perceive and undergo abortion, shedding light on the rules and their impact on individuals' health and well-being. By exploring the influence of Romanian culture and society on attitudes towards abortion, Niţă and Goga provide a comprehensive understanding of the interconnectedness between laws, culture, and health in the context of abortion. Their research prompts reflection on the importance of carefully considering these factors when formulating abortion regulations, particularly when comparing with perspectives from other countries like Germany. This comparison underscores the necessity of thoughtful deliberation in shaping abortion policies and discussions. In addition to Niţă and Goga's article, the contrasting perspectives provided offer valuable insights into the diverse approaches to addressing abortion across different regions. While Niţă and Goga focus on how Romanian culture shapes attitudes towards abortion, the broader discussion highlights the significance of recognizing and respecting varied cultural contexts when addressing abortion laws. Understanding these factors contributes to a more nuanced understanding of abortion and underscores the importance of approaching abortion legislation and discourse with sensitivity and inclusivity.[2]

Statistics

Doctors give medicine to cause the abortion and watch for any problems. The number of abortions has gone down over 25 years. In 2016 and since then there were about 100,000 abortions in Germany yearly. [3]

As of 2018, the abortion rate was 129 abortions per 1,000 live births.[4]

It's really important to know about the different rules about abortion in each state in the United States also. Louisiana has been in a big fight over abortion rights. According to some numbers from the Louisiana Department of Health that Louisiana Right to Life got, there were “7,444 abortions in Louisiana in 2021”. [5] To understand the local rules, we need to look at information from the Center for Reproductive Rights (1992-2024).[6] They talk about the legal fight in Louisiana. This article is about a big legal problem about a law that says doctors who do abortions have to be able to take care of patients at nearby hospitals too. People are arguing about how this law affects getting abortions and keeping patients safe. The decision the Supreme Court makes about this case could affect abortion laws all over the country, not just in Louisiana.

History

Early

Abortion laws in Germany have been around since the 15th century. Back in 1532, there was a law called Constitutio Criminalis Carolina that talked about abortion. Then, in 1794, there were specific laws in places like part 2 title 20 section 986-990 of General State Laws for the Prussian States. Later, in 1851, there were new rules in sections 181 and 182 for the Penal Code for Prussia, which became part of the Penal Code for the whole North German Federation in 1870 and german empire 1872.[7] On 15 May 1871, following the Proclamation of the German Empire, the latter code was incorporated into sections 218–220 of the Penal Code for the German Reich (Strafgesetzbuch), taking effect on 1 January 1872. This law, Section 218, said abortion was illegal and people could go to jail for it. In the early 20th century, there were talks about making abortion legal, especially during the Weimar Republic,. In 1927, a court decision made abortion okay in cases where the mother's life was in serious danger, similar to the United Kingdom decision R v Bourne.

Nazi era

Propaganda poster from Nazi Germany promoting eugenics, around 1937

During the time of the Nazi Germany's eugenics laws, they had strict rules about who could get an abortion. If you were from the "Aryan race", you were punished harshly for having an abortion. However, they allowed abortion in more cases if the fetus was thought to be deformed or disabled or if termination was considered desirable for eugenic reasons, such as if the child or either parent was suspected of carrying a genetic disease. Sterilization of the parents also happened in some cases. In cases where the parents were Jewish, abortion was also not punished.[8][9]

During World War II, on 9 March 1943, Nazi Germany introduced severe abortion prohibitions through Section 218. It stated that those involved in killing a fetus would face prison sentences, with more serious cases receiving penitentiary terms, and even the death penalty if deemed harmful to the German nation's vitality. The abortion policy varied depending on different groups and territories, with the common goal of promoting the birth rate of the "Aryan race" and reducing others, such as Slavs, and those considered burdensome to German society, like the children of disabled and mentally ill individuals. Forced abortions of Ostarbeiter , referenced in documents from the Trials of War Criminals before the Nuremberg Military Tribunals. , were part of Nazi Germany's "systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups".[10]

During World War II, under Nazi occupation in Poland, previous abortion prohibitions were lifted, and abortion was even encouraged under certain conditions. This depended on whether the child had a German father or could be racially "Germanized." For Eastern female workers, pregnancies could be "interrupted" if the mother wished, which seemed like consent. Whether an abortion was allowed for non-German women depended on their nationality, focusing primarily on the father's German ethnicity or the mother's potential to be "Germanized." If the child was considered able to contribute to the German race and had a German father, an abortion (or "interruption of pregnancy" as described in Nazi documents) would likely not be permitted. The Race and Settlement Main Office (RuSHA) made these determinations, deciding the fate of the child.[11]

Post-war

After World War II, abortion laws in both German states remained strict: West Germany stuck with the regulations of 1927, while East Germany slightly broadened its exceptions in 1950. The rules in the West were particularly stringent, often prompting women to seek abortions elsewhere, notably in the Netherlands. During the years 1945-1948, an estimated 2 million abortions occurred annually, mostly in the Soviet zone. These procedures were costly, around 1,000 marks, and were often performed without anaesthesia, leading to about 6000 deaths annually among Berlin women in the Soviet zone due to complications.[12] On June 6, 1971, the magazine Stern in West Germany boldly proclaimed "We've had abortions!" (German: Wir haben abgetrieben!), featuring images of 30 women who had undergone the procedure.[13] Among them, 374 women, some with high public profiles, publicly confessed to terminating pregnancies, challenging the legal restrictions outlined in §218 and asserting their right to abortion.[14]

In 1972, East Germany legalized elective abortion up to 12 weeks into pregnancy, which marked a significant decision by the Volkskammer, breaking its streak of unanimous votes in its first 40 years. Following this, West Germany followed suit, passing a similar law in 1974. However, this new legislation faced a challenge when the Constitutional Court struck down in 1975, ruling it incompatible with the human rights protected by the constitution. Moving forward, abortions became covered by public health insurance in cases of sexual abuse or when the mother's health was seriously at risk. Low-income women were also provided state-funded abortions.[15]

In 2022, the Olaf Scholz coalition of social democrats, greens, and liberals, supported by The Left,, repealed paragraph 219a.[16] This allowed medical professionals to openly state the abortion procedures they offer on their websites.[17]

Current Legal and Social Dynamics

Recent changes in abortion rights around the world are important to know about. Also, there's a big focus on abortion in the United States right now. According to Glenza's article, people who don't like abortion are trying to change a law called Roe v. Wade. The article talks about what they've done and what they want to do next. Glenza talks about the anti-abortion movement in the United States and how they're trying to change the law. She explains what they're doing and what they hope will happen in the future. The article is about the current abortion debate and how it affects women's rights. It gives useful information about abortion laws and how people are trying to change them. [18]

Ethical Considerations.

Picture of the William E. Diedrich, Ph.D., Administration Building, Palm Springs, California

Additionally, understanding the ethics surrounding abortion is crucial. 'The Ethics of Abortion: Women's Rights, Human Life, and the Question of Justice' by William E. May, Ph.D., explores various perspectives on abortion ethics, delving into questions of right and wrong. May's work provides valuable insights into the complexities of abortion, presenting arguments from both sides in a clear and accessible manner. By encouraging readers to carefully consider these challenging questions, May's book serves as a helpful resource for those seeking to understand the moral dimensions of abortion. May's approach to presenting diverse viewpoints fosters meaningful dialogue and introspection. It offers valuable insights for anyone grappling with the complexities of abortion and seeking to engage in informed discussions. Ultimately, it provides an essential perspective for individuals, especially women, seeking a deeper understanding of this contentious issue.[19]

In closing, it's important to grasp the complexities surrounding abortion laws, cultural influences, and ethical considerations. By looking at different viewpoints from various countries and exploring the moral aspects of abortion, we gain valuable insights into this controversial issue. The ongoing debates and legal battles highlight the importance of careful thought and inclusive in shaping abortion policies and discussions. Ultimately, fostering empathy, respect, and understanding for diverse viewpoints is crucial as we navigate the many facets of abortion rights and regulations.

References

  1. ^ "German Criminal Code (Strafgesetzbuch – StGB)". www.gesetze-im-internet.de. Retrieved 6 December 2021.
  2. ^ Niţă, Andreea Mihaela (2020). ""A research on abortion: Ethics, legislation and socio-medical outcomes. Case study: Romania"". Romanian Journal of Morphology and Embryology. 61 (1): 283–294 – via PubMed Central (PMC).
  3. ^ "Abortion numbers in Germany 1996-2020".
  4. ^ "Abortion rate in Europe 2018". Statista. Retrieved 6 December 2021.
  5. ^ Louisiana Right to Life (17 June 2022). ""Louisiana abortion statistics"". Louisiana Right to Life. Retrieved 22 April 2024.{{cite web}}: CS1 maint: url-status (link)
  6. ^ Center for Reproductive Rights (15 September 2021). ""Abortion in Louisiana"". Center for Reproductive Rights. Retrieved 22 April 2024.{{cite web}}: CS1 maint: url-status (link)
  7. ^ Henry P. David, Jochen Fleischhacker and Charlotte Hohn (March 1988). "Abortion and Eugenics in Nazi Germany". Population and Development Review. 14 (1): 81–112. doi:10.2307/1972501. JSTOR 1972501. PMID 11655915.
  8. ^ Ferree, Myra Marx (2002). Shaping abortion discourse: democracy and the public sphere in Germany and the United States. Cambridge University Press. ISBN 9780521793841.
  9. ^ Grossmann, Atina (1997). Reforming Sex: The German Movement for Birth Control and Abortion Reform, 1920–1950. Oxford University Press. ISBN 9780195363517.
  10. ^ Trials of War Criminals Before the Nuernberg Military Tribunals under Control Council Law No. 10 (Volume 4). 1947. pp. 609–610.
  11. ^ Tuomala, Jeffrey (1 January 2011). "Nuremberg and the Crime of Abortion" (PDF). University of Toledo Law Review. 42: 283.
  12. ^ Richie, Alexandra (1998). Faust's Metropolis. New York: Carroll & Graf. p. 617. ISBN 0-7867-0510-8.
  13. ^ "Stern 6 June 1971 (the cover)". Archived from the original on 10 June 2007. Retrieved 12 June 2019.
  14. ^ Thomas Grossbölting (2013). Der verlorene Himmel: Glaube in Deutschland seit 1945. Vandenhoeck & Ruprecht, Göttingen. ISBN 978-3-525-30040-4.
  15. ^ "Schwangerschaftsabbruch". AOK. Retrieved 5 September 2017.
  16. ^ Hausding, Götz. "Deutscher Bundestag - Werbeverbot für Schwangerschaftsabbrüche gestrichen". Deutscher Bundestag (in German). Retrieved 13 November 2022.
  17. ^ Bundestagsfraktion, Bündnis 90/Die Grünen. "Paragraf 219a ist endlich aufgehoben". Bundestagsfraktion Bündnis 90/Die Grünen (in German). Retrieved 13 November 2022.{{cite web}}: CS1 maint: numeric names: authors list (link)
  18. ^ Glenza, Jessica (1 July 2022). [: https://www.theguardian.com/law/2022/jul/01/anti-abortion-movement-roe-reversal-what-next ""Anti-abortion movement achieved goal of reversing Roe – but it is far from done""]. The Guardian. Retrieved 22 April 2024. {{cite news}}: Check |url= value (help)CS1 maint: url-status (link)
  19. ^ May, William E. (February 2012). "Book review: The ethics of abortion: Women’s rights, human life, and the question of Justice". The Linacre Quarterly (published 1 February 2012). pp. 104–117.{{cite book}}: CS1 maint: date and year (link)

External links

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