The German Federal Minister of Justice, Stefanie Hubig (SPD), has outlined potential changes to abortion law, emphasizing a need to balance the self-determination of women with the protection of unborn life. In an interview with the Süddeutsche Zeitung, Hubig described the current legal status of abortion as “illegal but without penalty” for the first three months of pregnancy as a problematic construct.
Representative surveys consistently demonstrate broad public opposition to the legal classification of abortion during the first trimester, transcending party affiliation and religious beliefs. Hubig expressed personal alignment with this sentiment, while maintaining that mandatory counseling should remain in place given the significant life-altering implications for both the woman and the unborn child.
Hubig also addressed the current difficulty in finding physicians willing to perform abortions, attributing the shortage partly to the existing “illegal but penalty-free” legal framework. She suggested that a revised legal approach could alleviate this issue.
The discussion also centered on the interpretation of the governing coalition’s agreement, which stipulates expanding statutory health insurance coverage for abortion costs beyond the current limitations. Legal experts, including Professor Frauke Brosius-Gersdorf, argue that such expanded coverage necessitates a formal amendment to Paragraph 218 of the Criminal Code, which currently deems abortion illegal. This interpretation suggests the coalition has implicitly agreed to repeal the existing abortion law, stemming from a Constitutional Court ruling that prohibits the financing of illegal procedures.
Minister Hubig has refuted this interpretation, responding to inquiries about the feasibility of implementing the coalition’s framework without amending the Criminal Code. She stated her belief that “ways and means” can be found to achieve the goal, highlighting the expertise within the Ministry of Health to navigate the legal complexities.