A disagreement has emerged between the Christian Democratic Union (CDU) and the Social Democratic Party (SPD) regarding the interpretation of a clause within their coalition agreement concerning abortion. The dispute centers on a passage stating the intention to “expand the cost coverage by statutory health insurance beyond current regulations” regarding the support of women facing difficult situations.
The SPD’s nominee for the Federal Constitutional Court, Frauke Brosius-Gersdorf, argues that this language necessitates the legalization of early-term abortions. She contends that statutory health insurance coverage is only mandated for legally permissible procedures.
The CDU/CSU faction in the Bundestag refutes this interpretation, asserting that the coalition agreement aims to improve the financial aid available to women in need. Elisabeth Winkelmeier-Becker, CDU’s legal policy spokesperson, clarified that women with limited income already receive financial support from the states using funds derived from taxes. She emphasized the role of health insurance companies in processing applications for state assistance, asserting this is the scope of the intended “expansion of cost coverage”. The Union firmly opposes incorporating abortion into the standard benefits catalogue of statutory health insurance and maintains there is no intention to alter the existing legal framework.
SPD legal policy representative Carmen Wegge, however, expresses a different understanding, stating that the wording implies a shift towards abortion becoming a covered health insurance benefit. She agrees with Brosius-Gersdorf, suggesting that legalizing early-term abortions would be a prerequisite for such coverage, as illegal procedures cannot be funded through health insurance.
Although a cross-factional proposal to legalize early-term abortions, previously put forward by the SPD, Greens and Left parties before the federal election, was unsuccessful, Wegge indicated that former Chancellor Friedrich Merz had expressed willingness to discuss legalization after the election. She emphasized that this pledge will be a key indicator of the coalition’s commitment.
During a recent press conference, Merz stated that the agreements within the coalition treaty should be upheld without alteration. He acknowledged that this could potentially impact Paragraph 218 of the Criminal Code, but declined to offer a conclusive assessment at this time. He noted the current legal situation, where abortions are technically illegal but often remain without prosecution under certain conditions and suggested that changes may or may not be required pending further discussion.