German Commission Recommends Modernizing Country’s Abortion Law, After Center Submission
The Center had outlined for the Commission human rights standards on abortion, comparative European abortion laws, and WHO abortion guidelines.
Germany’s Commission on Reproductive Self-Determination and Reproductive Medicine—tasked with assessing how abortion can be regulated outside of the Penal Code—issued its recommendation last week for major reform of Germany’s abortion law. The move was made after the Center for Reproductive Rights submitted a statement last year to the Commission on abortion laws and standards.
In its April 15 statement, the Commission recommended that abortion should be legal in the early stages of pregnancy, with leeway given to the legislature for abortion in the middle phase of pregnancy.
Although abortion is currently available in Germany, its Penal Code still considers abortion to be a crime while specifying that in certain instances it will not be punishable. In its report, the Commission found that such regulation falls short of international human rights standards and is out of step with European standard practice.
“The German Government now has a historic opportunity to modernize the law and take steps to ensure that it moves into line with international human rights law and best clinical practice,” Adriana Lamačkova, the Center’s Associate Director for Europe, said in a statement. The country’s current law “stigmatizes women who seek abortion care and demeans their ability to make autonomous and informed decisions about their pregnancies,” added Lamačkova.
In October 2023, the Center submitted a written statement to the Commission, outlining international human rights standards on abortion and the World Health Organization’s abortion guidelines. The statement also provided an overview of European comparative law on abortion.
“Expert Panel Calls on Germany to Legalize Abortion in First 12 Weeks,” New York Times, 04.15.24
Commission Consists of Experts in Health, Medicine and Law
The Commission on Reproductive Self-Determination and Reproductive Medicine was appointed in March 2023 by the Federal Minister for Family Affairs, Senior Citizens, Women and Youth, the Federal Minister of Health, and the Federal Minister of Justice. The Commission is made up of experts in the fields of medicine, psychology, sociology, health sciences, ethics and law.
Read more.
- Center for Reproductive Rights Statement Submitted to the Commission on Reproductive Self-Determination and Reproductive Medicine, 10.09.23 (German language)
- Statement by the Commission on Reproductive Self-Determination and Reproductive Medicine, 04.15.24 (German language)
- Report by the Commission on Reproductive Self-Determination and Reproductive Medicine, 04.15.24 (German language)
- European Abortion Laws: A Comparative Overview, September 2023, Center for Reproductive Rights
- WHO’s New Abortion Guideline: Highlights of Its Law and Policy Recommendations, March 2022