Not only in the USA, but also in Germany, self-proclaimed lifeguards harass women on their way to abortion counseling.Bild: IMAGO/aal.photo / mufkinnphoto
Analyse
06.04.2023, 15:5506.04.2023, 16:07
The world, it always gives the impression, is gradually becoming less free: for queer people who do not fit into the heteronormative world view, for example. And for women. Among other things, if you are unintentionally pregnant. In Poland and Hungary, for example, abortion regulations have been tightened in recent years. Christian hardliners are on the rise in many places in the USA.
With the “abortion verdict” of 2022, the states in the land of freedom also have the option of further criminalizing abortions. Opponents of abortion from “March for Our Lives” mobilize regularly in the States – and are now an export hit.
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And in Germany? Here the traffic light coalition has the paragraph 219a from the Criminal Code painted. The “advertising clause”. A good start.
Abortions are generally regulated in the Criminal Code – in the category of crimes against life. And in Germany, too, so-called sidewalk harassment, protest actions by abortion opponents in front of counseling centers, occur again and again. So what can be done to better protect involuntarily pregnant women?
Up until now, unborn life has been better protected than pregnant women
For Céline Feldmann, from the German Women Lawyers Association (djb), it is clear: voluntary abortions must be out of criminal law. The criminal lawyer is chairwoman of the intercommission working group on abortion, which will be held in winter position paper released.
People around the world are demonstrating for a universal right to safe abortions.Bild: LaPresse via ZUMA Press / Alessandro Bremec
In it, the djb advocates a new regulation of abortions – and for reproductive self-determination and justice. In the paper, the authors make it clear that the current regulation does not sufficiently take into account the pregnant woman’s right to self-determination.
That’s in the law
An abortion is permitted up to the 12th week. However, only if the pregnant person has previously sought advice and had three days to think about it. Later, an abortion is only possible if the pregnancy resulted from a criminal act (rape) – or if continuation entails health risks.
Feldmann explains why this is so:
“The Federal Constitutional Court imposes some duties of protection on the state with regard to fundamental rights – in its last decision in 1993 it decided that the state had to protect unborn life in such a way that abortion had to be criminalized.”
In many states, the decision to terminate a pregnancy is a criminal offense.Image: LaPresse via ZUMA Press / Marco Alpozzi
The UN Women’s Rights Convention has already noted that both the duty to advise and the duty to wait are inadmissible under human rights agreements. According to Feldmann, the WHO advocates decriminalizing abortion.
The djb supports this. In this way, the unjustified stigmatization could be counteracted – and the deadline for the termination could be extended. Even then, the pregnant women themselves should not be sanctioned, only the doctors who carry out the work.
Feldmann makes it clear that unborn life is of course worth protecting. But: The current regulation does not take into account the legal position of the pregnant person. In addition, other measures, such as the expansion of family planning services and counseling services, the provision of (emergency) contraceptives are more suitable to ensure the protection of unborn life. Because a fetus can only be protected with and not against the pregnant person.
According to current criminal law, the protection of the unborn life takes precedence over the pregnant woman’s right to self-determination. Image: pexels / Daniel Reche
A demand shared by the organization Terre des Femmes. The organization is in favor of removing paragraph 218 from the Criminal Code without replacing it. On watson request it says:
“In our opinion, abortion should be treated as a health service, and we leave the details to the lawyers.”
Lifeguards demonstrate in front of counseling centers
A suggestion that self-proclaimed lifeguards in particular should not like. They are already trying to dissuade pregnant women from their decision. For example, by submitting counseling centers pray or demonstrate. Among them supporters of the pro-life movement “Sundays for live”, who regularly march through Bavarian cities.
The group is also mobilizing against abortions on their Instagram channel – with colorful pictures, but also with terrifying postings. On their website, the opponents of abortion call abortions “the greatest human rights violation of our time.”
The Pius Brotherhood stands shoulder to shoulder with opponents of abortion – also self-proclaimed lifeguards. As the Adolf Bender Center has researched, the men of God do not shy away from close cooperation with the NPD.
And not only the close cooperation between abortion opponents and right-wing actors should be cause for concern – because: The Pius Brotherhood operates in Germany and Switzerland various schools.
The concern that the next lifeguard cohort will be trained there in religious education is at least not entirely out of thin air. So how do you protect unwanted pregnant women from stigmatization?
Prevent sidewalk harassment by regulatory law
Terre des Femmes advocates a clear ban on this harassment. “These do not represent a form of freedom of assembly, but violate the personality rights of the pregnant person and should be punished as an administrative offense in Germany in the future,” the organization explained on request.
For criminal lawyer Feldmann it is clear: sidewalk harassment could be regulated as an administrative offense that can be prosecuted with fines. Although there is freedom of assembly, freedom of opinion, belief and conscience in Germany, these must be weighed against the general personality rights of pregnant women in the respective situation. And such a demolition affects a person’s privacy – and is therefore particularly worthy of protection.
Family Minister Lisa Paus wants to put a stop to sidewalk harassment.Bild: IMAGO / Political-Moments
Family Minister Lisa Paus (Greens) sees it that way. Your ministry is currently working on a bill that would classify sidewalk harassment as an administrative offence. From the minister’s point of view, the new regulation must be clearly “separated” from the existing right to demonstrate and the freedom to demonstrate. It is also important to regulate this nationwide. Paus is backed by the SPD.
Less stigma through decriminalization
Of course, Feldmann concedes, decriminalization would not result in sweeping societal change. Therefore, further approaches are needed to counteract the stigmatization. From the point of view of the lawyer, one of these adjustment screws would be an improved supply situation:
“If abortions were decriminalized, the federal states would have to include them in their needs planning, for example – and health insurance companies would then have to cover the costs.”
To date, abortions have rarely occurred in medical studies.Image: dpa / Sebastian Gollnow
What would also have to change: the cooperative administrative law of hospitals. So the possibility that the clinics can refer to their freedom of conscience and belief – and therefore may refuse the abortions. Because the supply situation is still more than bad. Again MDR reported, in 2022 1106 practices and clinics still offered an abortion.
At the same time, Feldmann makes it clear that even if the obligation to provide advice is no longer applicable, the possibility of providing advice must still be guaranteed. It is also important that abortions become part of medical education.
