About abortion: Paragraph 219a – the debate, the points of contention

The draft law for the abolition of paragraph 219a – the advertising ban for abortions – has been submitted to the Federal Council for comment. The debate on this in the Bundestag is likely to be tough again.

At the beginning of March, the federal cabinet initiated the abolition of paragraph 219a – the advertising ban for abortions. The goal: Before the summer break, the regulation according to which doctors are currently only allowed to provide information on the Internet that they are performing abortions – but not how – is to be abolished. The debate about this in the Bundestag is likely to be tough again – the Union is still sticking to paragraph 219a.

“The fact that our law forbids doctors of all things – and not only forbids providing factual information, but also threatens the public prosecutor, is in my opinion an intolerable situation,” says Federal Justice Minister Marco Buschmann (FDP). The coalition wants to end this “unacceptable state of affairs” – and remove the controversial paragraph 219a from the penal code.

SPD: Debate in society brought to an end

For Sonja Eichwede, the SPD’s legal policy spokeswoman, this is a step that is overdue. From their point of view, the debate about 219a in society has come to an end. “I think we have to adapt the law to social reality here. But there are conservative forces in parliament who can’t get along with this attitude.”

By this Eichwede means, among other things, the Union, from whose point of view Paragraph 219a must continue to exist. “It is an important element in the overall protection concept for the benefit of the child. And we have to see that an unwanted pregnancy brings an existential conflict, a very fundamental conflict. And you can’t just ignore the rights of the child,” says Elisabeth Winkelmeier-Becker, CDU politician and chairwoman of the legal committee in the Bundestag.

CDU wants to add paragraph 219a

She played a key role in the Union’s counter-motion. According to this, paragraph 219a should remain in place – but be supplemented. Among other things, counseling centers should be obliged to pass on information to pregnant women.

“Above all, we would like to add that you can also add to the method that is carried out in the respective practice. Another point: The federal states and the federal government should get together and see whether the offer in the state is also sufficient ” says Winkelmeier-Becker.

Don’t send the wrong signals

From the point of view of the Union, Paragraph 219a must also remain in place because it prevents “abortion from being placed on the same level as other medical treatments,” says the application.

For Winkelmeier-Becker, a deletion of paragraph 219a does not fit the existing protection concept for the unborn child – and the mandatory advice for the women concerned. “If there are also ads where it’s about: ‘It’s the fastest with us, there are the fewest problems, it’s the cheapest.’ These are aspects that send the wrong signals in this existential conflict and say that it is something completely normal and easy,” says Winkelmeier-Becker.

“It’s just information”

For Ulle Schauws, however, there is no direct connection between the regulations on abortion as such and the right of doctors to provide information. Doctors in particular should be able to provide this information, says the Green Party spokeswoman for women’s policy, because they are best suited to do so.

“The Union is trying to mix things up all the time, that’s also wrong in terms of content. And to say based on their argument: We don’t want this to be medical treatment like everyone else and we don’t want it to be treated like that – that It’s just very moral. And that’s not a solution for the situation of unintentionally pregnant women,” says Schauws.

The legal policy spokeswoman for the SPD faction sees it similarly. Fears would be fueled that the factual information about the abortion could conflict with the protection of the unborn life: “But it is information. The professional law of doctors is still such that no advertising can be made,” says Eichwede.

Legalize abortion?

The federal government’s draft law for the abolition of paragraph 219a is currently with the Bundesrat for comment. According to the parliamentary groups of the Greens and the SPD, the first reading in the Bundestag is to take place on May 12th. For the traffic light coalition, this is only the first step.

The coalition agreement provides for convening a commission to deal with the even more fundamental question of how abortions can also be regulated outside of criminal law – that is, legalized.