On 17 October, German civil society organisations and legal experts unveiled a new model law that showcases how vital legal reform on abortion can be achieved. The proposal builds on recommendations from a government-appointed expert commission, released earlier this year, which highlighted how Germany’s current abortion law falls short of international human rights and public health standards.
The group is urging German lawmakers to use the model law as a framework for long-overdue reform, calling for urgent action to expedite the adoption of changes needed to modernise the country’s legislation. They also presented a petition calling on German lawmakers to align with the broader European trend of removing harmful barriers to abortion access and expanding reproductive healthcare rights.
Currently, abortion in Germany is regulated under the criminal code, where it is paradoxically classified as a criminal offence that is non-punishable in specific circumstances. This legal framework is both confusing and contradictory: for example, although abortion is considered a crime, individuals who meet specific requirements can access abortion without punishment within the first 12 weeks of pregnancy. This approach is highly unusual in the European context and recent studies have shown that Germany’s legal framework severely complicates access to abortion care, harms women’s health and wellbeing, and stigmatizes reproductive healthcare by treating it as a criminal matter.
Model Law Seeks to Remove Abortion Regulation from the German Penal Code
The model law proposed last week offers a pathway to modernise abortion regulations in line with international human rights standards and public health guidelines. At its core is the removal of abortion regulation from the German Penal Code—a move that aims to eliminate the stigma connected with criminal law regulation of abortion care. The bill proposes to legalise abortion on request up to 22 weeks and fully decriminalise those obtaining abortion care. It also proposes to repeal mandatory counselling and the mandatory three-day waiting period for abortion on request.
In response to these developments, Adriana Lamačková, Associate Director for National Legal Strategies for Europe, emphasised the importance of reforming Germany’s abortion law:
“The evidence is clear: Germany’s current legal framework on abortion is not only outdated but actively undermines women’s reproductive autonomy. By criminalising abortion while specifying that in certain instances it will not be punishable, Germany’s approach is an anomaly in Europe. German law perpetuates harmful stigma and stereotypes about those seeking abortion care and creates a chilling effect on the provision of services and the training of healthcare professionals. It’s time for Germany to align its law with modern healthcare practice and international human rights standards.”
Reproductive rights advocates and health professionals have criticised Germany’s abortion law for many years, pointing to the detrimental effects the current legislation has on women’s health and wellbeing. The restrictions limit access to essential healthcare while placing psychological and emotional burdens on individuals seeking abortions. Studies show that the criminalisation of abortion also has a chilling effect on medical professionals, making it difficult for them to provide necessary care or receive proper training.
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