Abortion in Germany
Encyclopedia
Abortion in Germany is technically permitted in the first trimester upon condition of mandatory counseling and a waiting period, and in rare exceptional cases afterwards.
was first widely discussed in Germany
during the early 20th century. During the Weimar Republic
, this discussion led to a reduction in the maximum penalty for abortion, and in 1927 to the legalization - by court decision - of abortion in cases of grave danger to the life of the mother.
In Nazi Germany
, the penalties for abortion were increased again. From 1943, the provision of abortion to "Aryan" women was threatened with the death penalty. On the other hand, abortion was at times forced upon members of parts of society that were considered undesirable.
After World War II
, abortion remained broadly illegal in both East Germany and West Germany
, with West Germany retaining 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
.
East Germany legalized abortion on demand up to 12 weeks of pregnancy in 1972 in the Volkskammer
's only-ever non-unanimous vote before 1989. After West Germany followed suit in 1974, the new law was struck down
by the Federal Constitutional Court of Germany
as inconsistent with the human rights guarantees of the constitution
. It held that the unborn have a right to life
, that abortion is an act of killing, and that the fetus deserves legal protection throughout its development. Nevertheless, the legal opinion
strongly hinted that increasing the number of situations in which abortion was legal might be constitutional.
As a result, in 1976, West Germany legalized abortion up to 12 weeks of pregnancy 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.
The two laws had to be reconciled after reunification
. A new law was passed by the Bundestag
in 1992, permitting first-trimester abortions on demand, subject to counseling and a three-day waiting period. The law was quickly challenged in court by a number of individuals - including Chancellor Helmut Kohl
- and the State of Bavaria
. The Federal Constitutional Court issued a decision a year later maintaining 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, providing that the woman had submitted to state-regulated counseling
designed to discourage termination and protect unborn life.
Parliament passed such a law in 1995. Abortions are not covered by public health insurance except for women with low income
.
in cooperation with a federally-controlled commercial legal information provider. Translation of §218 ff., published by the Federal Ministry of Justice
in cooperation with a federally-controlled commercial legal information provider.
History
Legalization of abortionAbortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
was first widely discussed in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
during the early 20th century. During the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
, this discussion led to a reduction in the maximum penalty for abortion, and in 1927 to the legalization - by court decision - of abortion in cases of grave danger to the life of the mother.
In Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
, the penalties for abortion were increased again. From 1943, the provision of abortion to "Aryan" women was threatened with the death penalty. On the other hand, abortion was at times forced upon members of parts of society that were considered undesirable.
After World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, abortion remained broadly illegal in both East Germany and West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
, with West Germany retaining 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
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
.
East Germany legalized abortion on demand up to 12 weeks of pregnancy in 1972 in the Volkskammer
Volkskammer
The People's Chamber was the unicameral legislature of the German Democratic Republic . From its founding in 1949 until the first free elections on 18 March 1990, all members of the Volkskammer were elected on a slate controlled by the Socialist Unity Party of Germany , called the National Front...
's only-ever non-unanimous vote before 1989. After West Germany followed suit in 1974, the new law was struck down
German Federal Constitutional Court abortion decision
The Federal Constitutional Court of Germany first addressed the issue of abortion in 1975, two years after Roe v. Wade, in a decision reported at BVerfGE 39,1, holding that respect for human dignity requires the criminalization of abortion if it is not justified by imperative reasons called...
by the Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
as inconsistent with the human rights guarantees of the constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
. It held that the unborn have a right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
, that abortion is an act of killing, and that the fetus deserves legal protection throughout its development. Nevertheless, the legal opinion
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
strongly hinted that increasing the number of situations in which abortion was legal might be constitutional.
As a result, in 1976, West Germany legalized abortion up to 12 weeks of pregnancy for reasons of medical necessity
Medical necessity
Medical necessity is a United States legal doctrine, related to activities which may be justified as reasonable, necessary, and/or appropriate, based on evidence-based clinical standards of care. Other countries may have medical doctrines or legal rules covering broadly similar grounds...
, 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
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
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.
The two laws had to be reconciled after reunification
German reunification
German reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...
. A new law was passed by the Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
in 1992, permitting first-trimester abortions on demand, subject to counseling and a three-day waiting period. The law was quickly challenged in court by a number of individuals - including Chancellor Helmut Kohl
Helmut Kohl
Helmut Josef Michael Kohl is a German conservative politician and statesman. He was Chancellor of Germany from 1982 to 1998 and the chairman of the Christian Democratic Union from 1973 to 1998...
- and the State of Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
. The Federal Constitutional Court issued a decision a year later maintaining 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, providing that the woman had submitted to state-regulated counseling
Informed consent
Informed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter, in the absence of fraud, it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the...
designed to discourage termination and protect unborn life.
Parliament passed such a law in 1995. Abortions are not covered by public health insurance except for women with low income
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
.
See also
- AbortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
- Abortion by country
- Abortion debateAbortion debateThe abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
- Abortion lawAbortion lawAbortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...
- German Federal Constitutional Court abortion decisionGerman Federal Constitutional Court abortion decisionThe Federal Constitutional Court of Germany first addressed the issue of abortion in 1975, two years after Roe v. Wade, in a decision reported at BVerfGE 39,1, holding that respect for human dignity requires the criminalization of abortion if it is not justified by imperative reasons called...
- Religion and abortionReligion and abortionMany religious traditions have taken a stance on abortion, and these stances span a broad spectrum as highlighted below.-Buddhism:There is no single Buddhist view concerning abortion. Traditional sources, such as the Buddhist monastic code, hold that life begins at conception and that abortion,...
External links
Texts of §218 and §218a, published by the Federal Ministry of JusticeFederal Ministry of Justice (Germany)
The Federal Ministry of Justice is a federal ministry in Germany.Under the federal system of Germany, individual states are most responsible for the administration of justice and the application of penalties. The Federal Ministry of Justice devotes itself to creating and changing law in the...
in cooperation with a federally-controlled commercial legal information provider. Translation of §218 ff., published by the Federal Ministry of Justice
Federal Ministry of Justice (Germany)
The Federal Ministry of Justice is a federal ministry in Germany.Under the federal system of Germany, individual states are most responsible for the administration of justice and the application of penalties. The Federal Ministry of Justice devotes itself to creating and changing law in the...
in cooperation with a federally-controlled commercial legal information provider.