Germany failure to advance abortion reform bill draws criticism from major reproductive rights organization News
Steffen Prößdorf, CC BY-SA 4.0, via Wikimedia Commons
Germany failure to advance abortion reform bill draws criticism from major reproductive rights organization

The Center for Reproductive Rights criticized on Wednesday the German Legal Affairs Committee’s decision to decline to advance a proposal to improve and modernize abortion laws and reproductive care.

The Center for Reproductive Rights expressed “deep disappointment over the failure” to progress the bill, and criticized the law as it currently stands for falling “short of international human rights and public health standards”. Associate Director for Europe, Adriana Lamacková, said that the failure to pass the bill “leaves the country’s abortion regulation glaringly out of step with modern, evidence-based healthcare practices and international human rights standards.” Lamacková stated, “This inaction means that Germany’s outdated regulations will continue to perpetuate harmful stigma and impose barriers to essential reproductive healthcare for millions of women across the country.” She called for lawmakers to continue to work towards reform.

In 2024, the Commission on Reproductive Self-Determination submitted a report recommending the legalization of abortions before 12 weeks, allowing access “promptly and without barriers”, and recommending that middle-phase abortion restrictions be relaxed in relation to pregnancies resulting from sexual offences. Following this report, a cross-party coalition proposed a bill integrating these suggestions. However, the bid to introduce the bill failed during a public session on Monday, and the Bundestag’s Legal Affairs Committee have decided not to vote on corresponding bills despite mixed opinions by experts. This stemmed from the lack of a majority in support of the proposal and resistance from two parties; the Union and FDP.

Under the German Criminal Code §218 and §219, abortion is only lawful when certain conditions are met. Individuals must undergo mandatory counselling and a three-day waiting period, and the abortion must take place no later than 12 weeks into pregnancy. There is an exemption for pregnancies resulting from sexual abuse and rape, where the abortion can be legally performed up to week 12 of conception. Prior counselling is not mandatory in these circumstances. If these conditions are not met, then abortion is punishable by “a penalty of imprisonment for a term not exceeding three years or a fine”. Notably, §219(a) criminalizes the advertisement or announcement of abortion services.

As the bill has not been advanced, it can not be voted on before upcoming parliamentary elections set for 23 February 2025.

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