New regulation § 218 StGB: Decriminalization also means destigmatization

Podium, "Frauenrecht und Fötenschutz! am 13. November 2024
Podium, „Frauenrecht und Fötenschutz!“ am 13. November 2024 in Berlin
Abortion should be regulated, but not by means of criminal law, according to the tenor of the evening event "Women's rights and fetus protection!" organized by the Humanist Association of Germany - Federal Association and the Humanist Academy of Germany. "With our event, we wanted to send a positive impulse to the political actors in particular after the traffic light exit. We therefore very much welcome the cross-party initiative to decriminalize abortion that was announced this morning," says Katrin Raczynski from the board of the Humanist Association of Germany - Federal Association. "In yesterday's panel discussion, the need to cover the costs of contraceptives and the inclusion of abortions in medical training were called for from a medical, legal and ethical perspective."

Gita Neumann, Federal Representative for Medical Ethics and Autonomy at the End of Life of the Humanist Association of Germany, explained the background to the motivation for the event “Women’s Rights and Fetal Protection!” yesterday evening. She emphasized that the guidelines she outlined in the position paper, which can be read in the brochure “Zur Neuregelung von Schwangerschaftsabbrüchen” (On the new regulation of abortions), correspond in principle to the draft law recently presented by the three law professors Friederike Wapler, Maria Wersing and Liane Wörner.

In the positioning process, the Humanist Association of Germany benefited from the medical-ethical and legal-historical expertise and specialist advice of Prof. Dr. Hartmut Kreß, who presented the key points of a reform of abortion. The author of specialist books and professor emeritus of systematic theology with a focus on ethics said: “Decriminalization is a key to regulating abortions from a legal perspective in such a way that women’s rights are fully protected. In addition, according to German criminal law, punishment is a ‘socio-ethical judgment of no value’. As long as the state classifies abortions as punishable in principle or as unlawful, it keeps alive earlier moral condemnations that are no longer acceptable today.”

The subsequent panel discussion was led by Dr. Christine Zunke, Federal Commissioner for Women* and Diversity of the Humanist Association of Germany. Three main points were addressed: Irrespective of the discussion about the regulation of time limits, abortion must not be punishable by law. The state has a duty to provide care and should, in particular, make a renewed effort to provide sexual education. In addition, abortion should be part of the medical training curriculum so that doctors approach the topic with respect and dignity. The panel guests said:

Dr Catharina Conrad from the German Women Lawyers’ Association: “The (reproductive) right to self-determination of pregnant women must be strengthened by decriminalizing abortion.”

Dr. Gabriele du Bois from the German Medical Association: “Doctors are more willing to perform abortions in pregnancy conflict situations without the threat of punishment.”

Sina Tonk from Terre des Femmes: “For far too long, the basic rights of women have been disregarded by Paragraph 218 of the German Criminal Code. Abortion is not a criminal offence and must be decriminalized. Germany has an obligation to finally implement human rights standards and grant women the right to self-determination over their bodies.”

Christiane Herrmann from the board of the Humanist Association of Germany – Federal Association: “The Humanist Association of Germany is firmly committed to decriminalizing women who decide to terminate a pregnancy for personal reasons. Regulations concerning abortion in late pregnancy should be designed outside of criminal law.”

The panel discussion, in which Prof. Dr. Reiner Anselm from the Evangelical Church in Germany also took part, ended with a stimulating discussion. Erwin Kress, Spokesman of the Board of the Humanist Association of Germany – Federal Association, said afterwards: “The event was very profound and informative. For the association, it became clear that we need to reflect further on some points. To avoid misunderstandings, we should make it clearer for what small proportion of abortions the controversy about the right of the pregnant woman plays a role at all compared to the increasing right of a developed foetus.”

The second evening event of the event series “New regulation of § 218 StGB”, which is also supported by the Humanist Academy Germany, will take place on January 29, 2025 under the title “Late Termination of Pregnancy” at the Haus des HUMANISMUS in Berlin.

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