[Illegal though nonpunishable termination of pregnancy].
This article addresses the valid abortion law, i.e., the regulation of sections 218 to 219b of the German Penal Code (StGB), especially Sect. 218 part 1 StGB legalising abortion after compulsory consultation within a limited period of time after conception ("Fristenregelung") which provides immunity from prosecution but no justification. Initially, the article outlines the currently valid law with particular consideration of sect. 218 part 1 StGB. The text also deals with the political problems of this regulation in the field of tension between the conflicting interests of the unborn child and the pregnant woman and leads to the symposium's subject, i.e. "medicine of desire". The writer deals with (1) the history of this regulation, which has been controversial for decades, while particular consideration is given to the decision made by the Federal Constitutional Court on 28th May 1993 (as the origin of the current law), and (2) its predominantly critical reception. The Federal Constitutional Court approved of a rule that refrains from punishing abortion in the early stage of pregnancy and focuses on the pregnant woman's counselling in order to persuade her to carry to term. But it was not considered consistent with the constitution to provide this regulation with justifying grounds.
Kröger
Perdita
P
Bundesministerium der Justiz, Berlin. Kroeger-pe@bmj.bund.de
D000028:Abortion, Induced / Q000331:legislation & jurisprudence*; D003220:Conflict, Psychological; D005260:Female; D005858:Germany; D006806:Human Rights; D006801:Humans; D011057:Politics; D011247:Pregnancy; D012067:Religion