Despite the advice of an expert commission, the Free State wants to maintain the criminalization of abortion. The compromise reached 30 years ago creates a good situation that helps pregnant women to be able to have an abortion without punishment, said Bavaria’s Family Minister Ulrike Scharf (CSU) after a cabinet meeting. The state government therefore rejects the legalization of abortions – i.e. the deletion of Section 218 from the Criminal Code.
The federal government has initiated a debate that is dividing an already turbulent society. “You are endangering cohesion and I think that is irresponsible,” said the minister. The consensus was found after more than 20 years of arguing and wrestling and is creating social peace. According to Scharf, in the last 15 years only one pregnant woman has been legally convicted of Section 218 in the Federal Republic.
The CSU parliamentary group plans to submit an urgent motion on the subject to the state parliament on Wednesday. In it, the parliamentary group is in favor of retaining the paragraph: “An issue as serious as abortion must be regulated in the criminal code,” said CSU parliamentary group leader Klaus Holetschek to the German Press Agency. With pregnancy conflict counseling, a viable way has been found to enable a penalty-free abortion in the first twelve weeks.
However, the application still calls for a legal change from the federal government: According to the CSU parliamentary group’s plans, health insurance companies should pay for the “morning after pill” for rape victims even after they turn 22. Currently, only insured people are entitled to reimbursement of the cost of prescription contraceptives if they are not older than 22. The law does not yet provide for an exception for victims of rape. In this case, however, the costs of an abortion will be covered.
Abortions are currently regulated in the Criminal Code and are generally punishable. However, the Criminal Code also provides for exceptions: abortions within the first twelve weeks of pregnancy are actually possible without penalty if the woman has sought advice beforehand. Even if there are certain medical reasons or after rape, pregnant women can have an abortion without committing a criminal offense.
A commission appointed by the federal government recommended on Monday that abortions be legalized in the early stages of pregnancy.