Autonomy as a fundamental human right: Abortion now exempt from criminal law
In the heart of Europe, Germany finds itself embroiled in a heated debate over the future of its abortion laws. The issue, long contentious, has gained renewed attention as calls for reform echo through parliament, the courts, and the streets.
The government-appointed expert commission proposed a significant shift in April 2024, advocating for the full decriminalization of abortion within the first 12 weeks of pregnancy. This proposal, however, stalled due to governmental instability, becoming a focal point in judicial appointments and political disputes in 2025.
At the centre of the debate are key criticisms of the current law's limitations, the stigma surrounding abortion, and the question of whether human dignity protections under Germany's constitution extend to embryos and fetuses. Law professor Frauke Brosius-Gersdorf, a candidate for Germany’s Federal Constitutional Court, has sparked controversy by advocating for the constitutional permissibility of abortion in the first 12 weeks.
Opposition to liberalization is strong, particularly among Catholic bishops and conservative politicians who argue that human dignity applies from conception and that abortion should remain strictly regulated. Two Bavarian bishops have even urged that anyone undermining human dignity protections should be disqualified from constitutional court appointments.
Alliances for change often include progressive elements within the Social Democratic Party and expert commissions aiming to modernize abortion laws. They emphasize women's rights, reduction of second-class treatment, and destigmatization as core objectives.
The Evangelical Women in Germany (EFHiW) is among the groups advocating for reform. EFHiW's resolution calls for the removal of § 218 from the Criminal Code, arguing that self-determination over one's own body is a fundamental human right and should be respected and protected from a feminist and theological perspective. They emphasize the need for respectful, empathetic accompaniment of women in conflict situations and the provision of comprehensive medical care.
The German Women's Council, the Alliance for Sexual Self-Determination, and the Evangelical Women in Germany are united in their call for a fundamental reform, decriminalizing abortions and regulating them outside the Criminal Code. They propose a time limit solution, accompanied by a legal claim to qualified, barrier-free counseling and comprehensive medical care. Abortions should be recognized as part of medical basic care and financed by health insurance companies.
However, access to medically safe abortions remains a challenge, especially in rural regions. Supply gaps and the stigmatization of unintentionally pregnant women and doctors due to the placement of abortions in criminal law further complicate the issue.
The ban by the Christian Clinic Lippstadt against its chief physician, Prof. Dr. med. Joachim Volz, to perform abortions for medical reasons both within and outside the clinic, has fueled discussions.
Pastor Birgit Reiche, Managing Director of the Evangelical Women's Help in Westphalia e.V., is among the most vocal advocates for reform. She calls on the federal government to take concrete steps and remove § 218 from the Criminal Code, arguing that such a move is in the interest of social justice, medical care, and human rights-based legislation.
The resolution of this complex issue will require careful consideration of legal, ethical, medical, and political factors. The future of abortion law reform in Germany hangs in the balance, with the outcome likely to shape the country's stance on reproductive rights for years to come.
[1] Expert Commission Proposes Full Decriminalization of Abortion in Germany (2024) [2] Political Stalemate Halts Abortion Law Reform Proposal in Germany (2025) [3] Bavarian Bishops Urge Disqualification of Constitutional Court Candidates Supporting Abortion Reform (2025) [4] SPD Advocates for Modernization of Abortion Laws in Germany (2025) [5] EFHiW Resolution Calls for Removal of § 218 from the Criminal Code (2025)
- The expert commission in Germany proposed a significant shift towards the full decriminalization of abortion within the first 12 weeks of pregnancy in April 2024.
- The proposal for abortion law reform was stalled due to governmental instability and became a focal point in judicial appointments and political disputes in 2025.
- Law professor Frauke Brosius-Gersdorf, a candidate for Germany’s Federal Constitutional Court, advocates for the constitutional permissibility of abortion in the first 12 weeks, sparking controversy.
- Two Bavarian bishops have urged that anyone undermining human dignity protections should be disqualified from constitutional court appointments, highlighting opposition to liberalization.
