Abortion in Germany

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Abortion in Germany was first restricted with the passage of laws in the late 19th Century as in most European countries. Today, Germany technically permits abortion in the first trimester, upon condition of counseling and a waiting period.

[edit] History

In Nazi Germany, abortion was at times forced upon members of parts of society that were considered undesirable.

After World War II, abortion remained illegal in both East Germany and West Germany. East Germany legalized abortion on demand up to 12 weeks of pregnancy in 1972. In 1975, West German state laws permitting some abortions were 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, 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. The legal requirements were extremely strict, and often led women to seek abortions elsewhere, particularly in the Netherlands. In 1989, a Bavarian 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 counselling 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 counselling designed to discourage termination and "protect unborn life". [1] Abortions are not covered by public health insurance except for women with low income.

[edit] See also

• Abortion
• Abortion by country
• Abortion debate
• Abortion law
• German Federal Constitutional Court abortion decision
• Religion and abortion