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Reader question: Is abortion illegal in Germany?

Reproductive rights are in the spotlight across the world, particularly after the US Supreme Court overturned a landmark abortion ruling. Here's what you need to know about abortion in Germany.

Pro-choice campaigners at a counter-demonstration against a pro-life demo in Berlin in September 2021.
Pro-choice campaigners at a counter-demonstration against a pro-life demo in Berlin in September 2021. Photo: picture alliance/dpa | Paul Zinken

The US Supreme Court on Friday June 24th overturned a landmark 1973 ruling, called Roe v Wade, that made abortion legal in the USA.

The news has put a further spotlight on reproductive rights around the world. Readers of The Local recently contacted us to find out about the laws on abortion in Germany. We spoke to campaigners for women’s reproductive rights to help explain what you need to know.

Is abortion illegal in Germany?

It may surprise many people to know that abortion remains technically illegal in Germany, but there are circumstances in which people can end a pregnancy without facing any legal consequences. 

The exceptions include: the abortion being performed within the first 12 weeks of pregnancy, and following mandatory counselling carried out at least three days before the procedure to terminate the pregnancy.

If there is a medical reason for an abortion, then it is not unlawful. This applies, for instance, if the pregnancy poses a danger to the life or physical and mental health of the woman. An abortion can also be carried out if tests identify that the foetus is disabled or seriously ill. Late abortions (after 12 weeks) are allowed if these special factors apply. 

Abortions are also legally possible if they are the result of a criminal act – for example if the pregnancy is the result of rape. 

The termination of a pregnancy is known as Abtreibung or Schwangerschaftsabbruch in German. Around 94,600 abortions were reported in Germany in 2021, according to official figures. 

The rate of abortions per 1,000 women in Germany stands at 6.8 – one of the lowest in Europe alongside Switzerland. The rate of abortions stands at 19 per 1,000 women in Sweden, 17 in the UK, 16 in France and 16 in the US.

People who choose to get an abortion in Germany generally have to cover the costs of the procedure themselves. 

According to the German Centre for Foreign Feminist Policy, which published information by Medical Students for Choice Berlin, abortion in Germany can cost between €200 and €650 depending on the methods involved. People can apply for financial help from their health insurance.

READ ALSO: Is abortion legal in Switzerland?

A pro-choice counter protester at the "March for Life" demo against abortion in Berlin in September 2020.

A pro-choice counter protester at the “March for Life” demo against abortion in Berlin in September 2020. Photo: picture alliance/dpa | Jörg Carstensen

Tell me more about abortion laws in Germany…

There has been a lot of discussion about abortion in Germany in recent years. Germany’s traffic light coalition – made up of the Social Democrats, Free Democrats and Greens – recently announced plans to scrap paragraph 219a – a controversial clause on advertising abortion that has remained largely unchanged since it was brought in by the Nazis in the 1930s.

On Friday, the German parliament agreed to scrap this part of the abortion law. 

READ ALSO: Germany consigns Nazi-era abortion law to history 

It had meant that doctors in Germany were unable to advertise that they carry out terminations, and detail what methods they use – and even resulted in prosecutions, such as the high profile case of Kristina Hänel, a doctor from Giessen in western Germany.

Getting rid of this paragraph paves the way for more accessible information on abortion in Germany.

READ ALSO: Do Germany’s planned changes on abortion go far enough?

But abortion in Germany is still regulated by paragraph 218 of the criminal code, which dates back to 1871. Although the law has been amended to allow for exceptions, pro-choice campaigners in Germany want to see abortion fully legalised. 

Dr Alicia Baier, chairwoman of campaign group Doctors for Choice, said the German coalition government’s plans to get rid of paragraph 219a were a step forward.

But she said much more action was needed – including removing abortion from the criminal code. 

“I think German abortion laws are behind the times,” Baier told The Local. “There are many European countries which regulate abortion outside the criminal law. But in Germany we still criminalise abortion, we still have the obligatory waiting period, and obligatory counselling.”

Baier said abortion didn’t belong in criminal law. “That’s not the place for abortion, it should be regulated in some other law. Like in France – they regulate it in the public health law.”

Although the coalition government has said it wants to set up a working group to look at options for regulating abortion “outside of the framework of the criminal code”, there doesn’t seem much political appetite for big change.

Earlier this year, Katrin Helling-Plahr, FDP parliamentary group spokesperson for legal policy, told The Local: “We Free Democrats are of the opinion that Paragraph 218, as the result of a long societal discussion, represents a successful compromise with regards to protecting the life of the foetus and the right to self-determination of the pregnant person.”

Campaigners at the pro-life 'March for Life' in Berlin in September 2021.

Campaigners at the pro-life ‘March for Life’ in Berlin in September 2021. Photo: picture alliance/dpa | Paul Zinken

Is it difficult for women in Germany to get an abortion in practical terms?

According to campaigners, it can be hard for people to find information on terminating pregnancy and doctors to carry it out depending on where they live.

“I think it really depends on the women themselves and where they are,” campaigner Annika Kreitlow, a research assistant with the Centre for Foreign Feminist Policy, told The Local. 

“I think in Berlin it’s okay – there are a lot of doctors in Berlin and a lot of progressive people move to Berlin. But if you live in the south of Germany, like in Bavaria for example, there are cities which don’t have any doctors who provide abortions at all.

“In the northern islands of Germany, people there also have to fly to the mainland to get an abortion – sometimes they have to travel 200 or 300km to get an abortion.”

Kreitlow also said people in Germany face additional barriers because of the mandatory counselling and three-day wait. 

“You have to be really consistent on finding a doctor who will do that before the 12th week. It depends on the region and also how much knowledge the person has on the situation,” she said. “If you’ve never come into contact with this and don’t know anyone who’s had an abortion, there’s a lot of fake information out there and fake websites.”

She said it’s more difficult for non-Germans.

“If you’re not a native German speaker and you come from somewhere else, it’s also very different to find the right information and distinguish what is real information and what is fake, who to trust and who to talk to,” Kreitlow said. “It’s a very difficult situation but a lot of circumstances make it even more difficult in Germany.”

How do the laws affect doctors?

Dr Baier said there was still a “big stigma” surrounding abortions in Germany – including in the medical profession. Although it is one of the most common gynaecological procedures, it is often hardly discussed at medical schools in Germany.

“In many universities – during six years of study – it’s not mentioned at all, or it’s mentioned in the context of medical law or medical ethics,” said Baier.

“It’s still very taboo in medicine. We wish it was acknowledged as part of medicine because it’s a medical procedure. In Germany, only doctors are allowed to perform them. If we don’t do it, people are left alone and that could cause a lot of health risks.”

Baier said the barriers for women in Germany looking to get an abortion, or for information on it, need to be urgently worked on.

“In some regions of Germany it’s catastrophic and people are treated very badly,” she said. “We have a modern health system but it doesn’t correspond to that at all in this area.”

 

Is there a large pro-life movement in Germany?

There’s a sizeable number of campaigners who are against abortion in Germany.

Pro-life events such as Marsch für das Leben (March for Life) take place every year in Berlin. In 2021 around 4,500 people attended the march, demonstrating against abortion and euthanasia laws. Counter-demonstrators from the pro-choice movement also march on the days of these events. 

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TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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