Bavaria wants to preserve the existing abortion law and, if necessary, appeal to the Federal Constitutional Court against a possible abolition of paragraph 218.
Federal Family Minister Lisa Paus (Greens) plans to remove paragraph 218 from the criminal law. Bavaria wants to preserve the existing abortion law and, if necessary, appeal to the Federal Constitutional Court against a possible abolition of paragraph 218. The Bavarian Minister for Family Affairs and Women, Ulrike Scharf (CSU), told the newspapers of the Bayern media group (Wednesday): “An abortion ends life.”
Paus urges a new regulation of abortions outside of criminal law. Paus told the newspapers of the Funke media group that it was about fundamental, existential questions. “For me, the penal code is not the right place to regulate that.” The traffic light wants to check that in this legislative period.
Scharf now said that this would be “incompatible with the constitutionally required protection of unborn life and unconstitutional”. She added: “If Paragraph 218 is deleted, I will do my utmost to ensure that the Federal Constitutional Court reviews the new law.”
Abortion is generally a criminal offense under the law. But if the pregnant woman seeks advice beforehand and the fetus is no older than twelve weeks, she remains unpunished. Scharf said: “Without necessity, the Federal Minister for Family Affairs wants to tear down the next pillar of a carefully balanced compromise that has worked well for decades and ensures social peace.” Last summer, the controversial paragraph 219a, which stipulated a ban on advertising for abortions, was repealed.
