Germany: Abortion, the woman's choice

Abstract

On June 26 1992 a new abortion law was approved by the Bundestag (the German Parliament). The new law allows women to seek abortion services during the 1st 3 months of their pregnancy provided they undergo obligatory social counseling. The new law provides many social benefits including a right to kindergarten for every child born from 1996 onward. The social benefits are designed to reduce the number of abortions in Germany (currently estimated at 120000). Previously the unified Germany was using old laws form old East and West Germany. The West German law was very restrictive and allowed for abortion only with the approval of 2 doctors on the grounds of rape incest fetal defect or psychological stress on the women. The East German law allowed abortions free and on demand. In order to finalize unification a political compromise was made in which the old laws would continue to function in their old jurisdictions until a new law for the whole of Germany could be drafted. It is unlikely that the law will encounter any significant resistance in the legislative phase; however the Christian Democratic Union (CDU) and the Christian Social Union (CSU) have both vowed to fight the law in the Constitutional Court. They feel it violates the constitutional mandate to protect all life. The most opposition to the new law has come from the Catholic Church which is currently threatening to stop its social counseling of pregnant women in their charity offices. Doctors groups support the new law because they feel better letting the woman decide for herself what to do with an unwanted pregnancy.