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ABORTION

German court fines two doctors for ‘advertising’ abortion

A German court Friday fined two gynaecologists for offering information publicly on how they carry out abortion services, despite the recent easing of a Nazi-era law banning practitioners from advertising of pregnancy terminations.

German court fines two doctors for 'advertising' abortion
Bettina Gaber and Verena Weyer stand with supporters in front of the Berlin District Court (Amtsgericht). Photo: DPA

German law allows abortions but effectively discourages them through various hurdles, including the law in question, article 219a, which dates to May 1933, shortly after Adolf Hitler took power in Nazi Germany.

After an uproar over another recent case, the government early this year lifted a blanket ban on publicizing abortion services.

Under the eased rules, gynaecologists, hospitals and public health services are allowed to share essential information about where women can terminate unwanted pregnancies.

SEE ALSO: What you need to know about the abortion battle that divides Germany

However, the two gynaecologists identified only as Bettina Gaber and Verena Weyer still fell foul of the amended law because they “not only provided information about whether but also about how the termination of pregnancy is carried out,” the Berlin court said.

“Doctors should in principle only indicate that they carry out abortions,” added the court, imposing a fine of €2,000 on each gynaecologist.

On their website, the doctors said they offered “medicinal, anaesthesia-free abortion” in a “protected environment”.

Both defendants voiced disappointment at the ruling and said they would mount an appeal.

They argued that the law in question flouted their freedom of occupation, freedom of opinion and freedom of information for patients.

“It's so awful, my stomach turned,” said Gaber of the ruling.

'Criminalises doctors'

After an uproar over another gynaecologist who was fined last year for publishing information on abortion services on her website, Chancellor Angela Merkel's coalition government in February eased Article 219a.

But critics, including the Greens, have argued that the law should be scrapped altogether.

Ahead of Friday's hearing, about 100 people demonstrated in front of the court, calling for the doctors' acquittal.

Joining critical voices against the ruling, Berlin's justice minister Dirk Behrendt said the court decision “shows that the revised Article 219a continues to criminalize doctors”.

He added that he will push for the city-state of Berlin to file anew a demand at Germany's upper house of parliament for the article to be scrapped.

Germany, despite being a leading voice for women's rights in the 1970s, imposes tight restrictions on abortion, permitting it only under strictly regulated circumstances.

SEE ALSO: Germany's plans to change controversial abortion laws

It is left out of universities' course books for student doctors and kept unavailable in swathes of the country.

A woman who wants to abort within the first trimester is required to attend a consultation at a registered centre.

The aim of the interview is to “incite the woman to continue the pregnancy,” according to the rules, even if in the end she has the final say.

Excluding special circumstances such as a pregnancy that threatens the life of the mother, or one arising from rape, abortion is not a procedure that is reimbursable by health insurance.

In some regions, including in the predominantly Catholic state of Bavaria, it may be necessary to travel 100 kilometres to find a doctor who performs the procedure.

Germany records an average of 100,000 abortions for 790,000 births, abouthalf the rate of neighbouring France.

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BERLIN

EXPLAINED: Berlin’s latest Covid rules

In response to rapidly rising Covid-19 infection rates, the Berlin Senate has introduced stricter rules, which came into force on Saturday, November 27th. Here's what you need to know.

A sign in front of a waxing studio in Berlin indicates the rule of the 2G system
A sign in front of a waxing studio indicates the rule of the 2G system with access only for fully vaccinated people and those who can show proof of recovery from Covid-19 as restrictions tighten in Berlin. STEFANIE LOOS / AFP

The Senate agreed on the tougher restrictions on Tuesday, November 23rd with the goal of reducing contacts and mobility, according to State Secretary of Health Martin Matz (SPD).

He explained after the meeting that these measures should slow the increase in Covid-19 infection rates, which was important as “the situation had, unfortunately, deteriorated over the past weeks”, according to media reports.

READ ALSO: Tougher Covid measures needed to stop 100,000 more deaths, warns top German virologist

Essentially, the new rules exclude from much of public life anyone who cannot show proof of vaccination or recovery from Covid-19. You’ll find more details of how different sectors are affected below.

Shops
If you haven’t been vaccinated or recovered (2G – geimpft (vaccinated) or genesen (recovered)) from Covid-19, then you can only go into shops for essential supplies, i.e. food shopping in supermarkets or to drugstores and pharmacies.

Many – but not all – of the rules for shopping are the same as those passed in the neighbouring state of Brandenburg in order to avoid promoting ‘shopping tourism’ with different restrictions in different states.

Leisure
2G applies here, too, as well as the requirement to wear a mask with most places now no longer accepting a negative test for entry. Only minors are exempt from this requirement.

Sport, culture, clubs
Indoor sports halls will off-limits to anyone who hasn’t  been vaccinated or can’t show proof of recovery from Covid-19. 2G is also in force for cultural events, such as plays and concerts, where there’s also a requirement to wear a mask. 

In places where mask-wearing isn’t possible, such as dance clubs, then a negative test and social distancing are required (capacity is capped at 50 percent of the maximum).

Restaurants, bars, pubs (indoors)
You have to wear a mask in all of these places when you come in, leave or move around. You can only take your mask off while you’re sat down. 2G rules also apply here.

Hotels and other types of accommodation 
Restrictions are tougher here, too, with 2G now in force. This means that unvaccinated people can no longer get a room, even if they have a negative test.

Hairdressers
For close-contact services, such as hairdressers and beauticians, it’s up to the service providers themselves to decide whether they require customers to wear masks or a negative test.

Football matches and other large-scale events
Rules have changed here, too. From December 1st, capacity will be limited to 5,000 people plus 50 percent of the total potential stadium or arena capacity. And only those who’ve been vaccinated or have recovered from Covid-19 will be allowed in. Masks are also compulsory.

For the Olympic Stadium, this means capacity will be capped at 42,000 spectators and 16,000 for the Alte Försterei stadium. 

Transport
3G rules – ie vaccinated, recovered or a negative test – still apply on the U-Bahn, S-Bahn, trams and buses in Berlin. It was not possible to tighten restrictions, Matz said, as the regulations were issued at national level.

According to the German Act on the Prevention and Control of Infectious Diseases, people have to wear a surgical mask or an FFP2 mask  on public transport.

Christmas markets
The Senate currently has no plans to cancel the capital’s Christmas markets, some of which have been open since Monday. 

According to Matz, 2G rules apply and wearing a mask is compulsory.

Schools and day-care
Pupils will still have to take Covid tests three times a week and, in classes where there are at least two children who test positive in the rapid antigen tests, then tests should be carried out daily for a week.  

Unlike in Brandenburg, there are currently no plans to move away from face-to-face teaching. The child-friendly ‘lollipop’ Covid tests will be made compulsory in day-care centres and parents will be required to confirm that the tests have been carried out. Day-care staff have to document the results.

What about vaccination centres?
Berlin wants to expand these and set up new ones, according to Matz. A new vaccination centre should open in the Ring centre at the end of the week and 50 soldiers from the German army have been helping at the vaccination centre at the Exhibition Centre each day since last week.

The capacity in the new vaccination centre in the Lindencenter in Lichtenberg is expected to be doubled. There are also additional vaccination appointments so that people can get their jabs more quickly. Currently, all appointments are fully booked well into the new year.

 

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