The federal government wants to Pregnancy Conflict Act change or supplement the law. In this way, pregnant women who require counselling in a facility in the event of a conflict or who wish to have an abortion are to be protected more effectively against so-called gestational harassment. At the same time, the amendment to the law is also intended to provide better protection for employees of the facilities.
In Germany, abortion is generally punishable under Section 218 of the Criminal Code. However, there are exceptions. For example, an abortion remains unpunished for a pregnant woman
- with a medical indication - i.e. if a pregnant woman's life is in danger or there is a risk of serious impairment of her physical or mental health.
- with a criminological indication - i.e. if the pregnancy is the result of a sexual offence (e.g. rape).
- on personal request after certified counselling by a recognised pregnancy conflict counselling centre. This counselling must have taken place at least three days before the procedure. In addition, the abortion must Medical within the first 12 weeks after conception.
In the event of a conflict, a pregnant woman must therefore visit a counselling centre - anonymously if she wishes. The counselling centre must provide the woman with open-ended advice. The pregnant woman should not be pressurised into any particular decision, but should be able to decide freely on the basis of the consultation and the information received whether she wants to continue or terminate the pregnancy.
Preventing pavement nuisance Counselling for pregnant women
The federal government has now discovered that so-called anti-abortion activists are increasingly holding protests outside pregnancy counselling centres and also outside facilities that perform abortions. They express their opposition to abortions and also directly influence pregnant women. Pregnant women would be approached in a harassing manner about their plans or confronted with disturbing images or writings on the subject. "These so-called pavement harassments are unacceptable infringements of the general personal rights of pregnant women. Pregnant women, who are usually in a particularly conflictual situation anyway, are put under considerable psychological pressure by this behaviour and in some cases made to feel insecure for a long time," the federal government states in its draft law. It goes on to say: "The employees of the counselling centres and facilities that perform abortions are also hindered in the performance of their work by the so-called pavement harassment."
The Federal Government has concluded that this is not the way forward. Rather, it considers it important that the counselling at all and also in the legal framework prescribed atmosphere can take place. "In practice, such an atmosphere cannot be created in some cases due to the so-called pavement nuisance. Overall, it is therefore often not only a case of harassment of pregnant women, but also a disruption of the counselling concept as a whole," the draft law states. In some cases, the confrontations would also deter pregnant women to such an extent that they would no longer even dare to enter the counselling centre.
Changes to the law should create legal certainty for pregnant women
The fact is that the state has stipulated by law that pregnant women must seek counselling before having an abortion must. The legislator must therefore now also ensure that the woman concerned can fulfil this obligation without any significant obstacles. Because the federal government also sees it this way, it now wants to create a standardised and legally secure way of dealing with so-called pavement harassment by amending the Pregnancy Conflicts Act. Namely
- by clarifying in the law that the federal states must guarantee unhindered access to counselling centres and abortion facilities.
- by a ban on harassing pregnant women, subject to a fine.
- by prohibiting employees in counselling centres or facilities that perform abortions from hindering their work, subject to fines.
The Federal Government also wants to make further changes to the law to gain a more precise statistical overview of how the regional Supply situations in the federal states with regard to the number and distribution of counselling centres and facilities that perform abortions.
Amendment to the Pregnancy Conflict Act has overcome an important hurdle in the legislative process
A reformed Pregnancy Conflict Act as described can strengthen both the rights of pregnant women and the counselling and protection concept as a whole. It is therefore good that the Draft of a second law to amend the Pregnancy Conflict Act of the federal government has currently cleared a very high hurdle in the legislative process: On 3 July 2024, the Bundestag's all-important Committee for Family Affairs, Senior Citizens, Women and Youth approved the planned amendments. The SPD, FDP, Bündnis 90/Die Grünen and Die Linke parliamentary groups voted in favour by a majority. During the debate, the coalition parties emphasised that the amendments would make an existing good law even better. This would take a burden off the shoulders of pregnant women and at the same time safeguard their right to reproductive self-determination.
The CDU/CSU and AfD parliamentary groups voted against the planned amendments to the Pregnancy Conflicts Act. The CDU/CSU did not believe that the pavement harassment cited was proven and considered it fundamentally impossible to protect people from every expression of opinion (in this case: from anti-abortion activists). The AfD accused the traffic light coalition of secretly preparing for the complete legalisation of abortions with this change in the law.
My opinion on the Pregnancy Conflict Act
As you know, I am a midwife. So I primarily support women in having a good and uncomplicated pregnancy, bringing their child into the world on their own, building a successful bond with them, enjoying the postpartum period and growing into their role as parents. These are the most important conditions for the best possible development of the child.
From my many years of experience, however, I also know that a pregnant woman can fall into deep conflict. And that no woman makes the decision of whether to continue or terminate her pregnancy easy! I know what thoughts the pregnant women concerned can be exposed to, how they are shaken by fear of the future and doubts, how they agonise over the decision, especially in the case of an unwanted pregnancy - and how stressful going to the facility is for so many who have decided to have an abortion. Over the decades of my work, I have accompanied countless affected people who could hardly bear this heavy responsibility. That is why I am far removed from any judgement of women who have terminated or want to terminate their pregnancy in due time. On the contrary, I stand by their side unwaveringly!
And because I do this, I also see the Federal Government's proposed legislation as the right thing to do. After all, a nationwide regulation created in this way will prevent the visit to a counselling centre for pregnant women in conflict from degenerating into a gauntlet run. This is a violation of their fundamental rights.
I will keep you up to date as soon as the changes to the Pregnancy Conflict Act are finalised.
