Human autonomy as a fundamental human liberty - decriminalizing abortion
In recent developments, the German Medical Assembly has expressed support for the decriminalization of abortions, signaling a need for legal changes in the country's abortion laws. This comes as Germany is actively considering reforms aimed at striking a balance between women's rights and fetal protection.
As of August 2025, proposals for reform, backed by Justice Minister Stefanie Hubig, emphasize mandatory counseling but stop short of full decriminalization of abortion. The current legal framework, established in 1976, allows for abortion without punishment up to 12 weeks of pregnancy following mandatory counseling. However, abortion remains technically illegal and is decriminalized only under certain conditions, reflecting a compromise from past constitutional rulings.
The focus of these reform discussions is on updating this balance, potentially including more comprehensive medical care and clearer rights. A general unrestricted right to abortion remains unlikely in the short to medium term due to judicial and political constraints.
Pastor Birgit Reiche, Managing Director of the Evangelical Women's Aid in Westphalia e.V. (EFHiW), is among those advocating for reform. She emphasizes the importance of self-determination over one's own body as a fundamental human right and calls for the removal of abortions from the criminal code and their inclusion in medical basic care.
The EFHiW, along with other advocacy groups like the Alliance for Sexual Self-Determination, the German Women's Council, and others, are pushing for a fundamental reform, calling for the decriminalization of abortions and their regulation outside the criminal code.
The current regulation of abortion, as outlined in § 218 of the German Criminal Code (StGB), is increasingly criticized. Critics point to supply gaps, especially in rural regions, that make it difficult to access medically safe abortions, as well as the structural stigmatization of unintentionally pregnant women and doctors due to the placement of abortions in the criminal code.
The ELSA study shows that many affected people have difficulty obtaining reliable information and local supply for abortions. The EFHiW's stance aligns with this advocacy for decriminalization and regulation outside the criminal code.
A notable development in these discussions is the call for concrete steps towards reforming the regulation of abortions, as previously discussed. This call is supported by the EFHiW's theological argumentation for abortion reform, which argues that the Bible does not provide a clear position on abortions and instead calls for respectful, empathetic accompaniment of women in conflict situations.
Recent events, such as the ban by the Christian Clinic Lippstadt against its chief physician, Prof. Dr. med. Joachim Volz, to perform abortions for medical reasons, have sparked further discussions.
In conclusion, Germany’s abortion law reform is ongoing with proposals favoring a balanced approach—mandatory counseling remains a key element, and abortion is still regulated rather than fully decriminalized—but reforms may include enhanced protections and medical care provisions while maintaining constitutional respect for fetal life. The federal government is urged to take concrete steps towards reforming the regulation of abortions in the interest of social justice, medical care, and human rights-based legislation.
- The German Medical Assembly's support for decriminalizing abortions has activated discussions about policy and legislation regarding women's health, mental health, and health-and-wellness.
- The ELSA study reveals that many individuals encounter issues in acquiring reliable information and local resources for abortions, a concern reiterated by advocacy groups like the EFHiW, pushing for decriminalization and regulation outside the criminal code.
- The EFHiW's theological argumentation for abortion reform posits that the Bible does not offer a clear stance on this issue, instead advocating for empathetic support of women in challenging situations.
- In the ongoing efforts to reform abortion laws, a focus on scientifically sound medical care, mental health, and women's health is prominent, aiming for a balanced approach that respects both women's rights and fetal life.
