Ban on "advertising" for abortion: Scholz Minister wants to delete paragraph 219a

Created: 2022-01-25 15:34

Justice Minister Marco Buschmann (FDP) in conversation with Federal Chancellor Olaf Scholz (SPD).

© Emmanuele Contini/Imago

Paragraph 219a should go.

He regulates the advertising ban for abortions.

Minister of Justice Buschmann has now submitted a draft.

Berlin - Federal Minister of Justice Marco Buschmann (FDP) has initiated the abolition of the so-called advertising ban for abortions.

On Tuesday, he published a draft bill that provides for the deletion of criminal law paragraph 219a without replacement.

This should ensure that doctors can support women “in this difficult situation without having to fear criminal prosecution”.

Deletion of paragraph 219a: "That doesn't fit into our time"

It is "an intolerable situation" that physicians "who carry out abortions themselves and can therefore best provide factual information, have to fear criminal prosecution under the current legal situation," explained Buschmann.

"That doesn't fit in with our time." Factual information from doctors about an abortion should therefore no longer be punishable.

The SPD*, Greens* and FDP* had agreed on the deletion of paragraph 219a in their coalition agreement*.

On page 117 it says verbatim:

We strengthen women's right to self-determination.

We create security of supply.

Abortions should be part of medical education and training.

The possibility of free abortions is part of reliable health care.

We take effective legal measures to counter so-called sidewalk harassment by opponents of abortion.

We ensure the nationwide supply of counseling facilities.

Pregnancy conflict counseling will also be possible online in the future.

Doctors should be able to provide public information about abortions without having to fear criminal prosecution.

Therefore we delete § 219a StGB. 

Coalition agreement between SPD, Greens and FDP

Buschmann: "Of course, promotional advertising remains prohibited"

A reform previously decided by the grand coalition had enabled doctors to provide information about the fact that they were performing the abortion - but not about the method they were using.

Buschmann's ministry sent the draft for lifting the advertising ban to federal states and associations on Tuesday.

Comments on the project are possible until February 16.

They will be published alongside the draft law on the website of the Federal Ministry of Justice.

So far, Section 219a of the Criminal Code prohibits “advertising for the termination of pregnancy”.

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

Buschmann emphasized: "Praising advertising is of course prohibited."