Ban on advertising for abortions is to be lifted - the traffic light Minister of Justice presents a draft

Created: 01/17/2022 15:43

Justice Minister Marco Buschmann (FDP) has presented a draft for the abolition of Paragraph 219a, which regulates the advertising ban for abortions.

© Kay Nietfeld/dpa

The controversial Paragraph 219a, which bans advertising for abortions, is to be abolished shortly.

Minister of Justice Buschmann increases the pace.

Berlin - Doctors will soon be able to publicly provide information about various options for abortions in their practice without having to fear a fine. Federal Minister of Justice* Marco Buschmann (FDP*) presented on Monday a draft for the repeal of Paragraph 219a of the Criminal Code, which previously banned “advertising for the termination of pregnancy”.

"Advertising" within the meaning of the law already includes detailed information about various methods of abortion and the associated risks.

The traffic light coalition wants to change that.

The draft is now being coordinated with the other departments of the federal government.

SPD, Greens and FDP had agreed in their coalition agreement that "doctors should be able to provide public information about abortions in the future without having to fear criminal prosecution".

Traffic light coalition wants to repeal paragraph 219a - situation for those affected "difficult enough"

They also stated: "The possibility of free abortions is part of reliable health care." Only since a change in the law in 2019 have medical practices been allowed to provide information, for example on their website, that they are carrying out such procedures. Further information, for example about the type of demolition, remained prohibited. According to the justification for the draft from the Ministry of Justice, which is available to the German Press Agency, there was still legal uncertainty for doctors even after the reform.

The ministry also referred to a judgment by the Gießen district court against which a doctor had lodged a constitutional complaint.

It should not be the case that everyone is allowed to spread all sorts of things about abortions on the Internet, only the specialists who are particularly qualified for this are not allowed, said Buschmann in Berlin*.

"The situation for the woman concerned is difficult enough - we must not make it more difficult."

Advertising ban for abortions to give way - counseling model shows its effectiveness

Praising or grossly offensive advertising remains excluded according to medical professional law. Buschmann emphasized that the planned reform would not change the protection concept for unborn life. Abortion is fundamentally illegal in Germany, but not punishable under certain conditions. A woman may have an abortion within the first twelve weeks of pregnancy if she seeks advice and presents the doctor with a consultation slip.

An abortion remains unpunished even after the deadline has expired if the life of the pregnant woman is in danger or if she is threatened with serious physical or mental impairment.

"The effectiveness of the counseling model is also shown by the fact that the number of abortions carried out in Germany has been falling for years," says the draft of the Federal Ministry of Justice.

However, depending on where you live, it can be difficult to find someone nearby who will perform abortions.

Minister of Justice Buschmann presents a draft: Abortions as part of medical training

It is important that unintentionally pregnant women in this difficult life situation "do not have to travel long distances, we want to make sure of that," said Buschmann.

The coalition agreement states: "Abortions should be part of medical education and training." A commission will prepare possible further changes to the law on questions of reproductive medicine, said the Minister of Justice.

This includes, for example, better support for couples who do not want to have children.