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[Late-term abortions--a legislative problem]
1Wachtberg, BRD. r.neidert@t-online.de
Bundesgesundheitsblatt, Gesundheitsforschung, Gesundheitsschutz
|September 13, 2008
Summary
This paper analyzes German abortion law, advocating for stricter limits on late-term abortions based on fetal viability and legal tradition, excluding cases where the pregnant woman's life is not endangered.
Area of Science:
- Legal Studies
- Medical Ethics
- German Criminal Law
Context:
- Analysis of German abortion legislation post-2005 coalition agreement.
- Historical overview of fetal protection laws and their evolution.
- Examination of the shift from traditional legal principles to modern indications for abortion.
Purpose:
- To assess the necessity of amending current abortion legislation in Germany.
- To critically evaluate the medico-social indication for late-term abortions.
- To propose legal restrictions based on constitutional preservation of life and legal tradition.
Summary:
- The study traces the historical trajectory of abortion laws in Germany, noting the decline of traditional protections and the introduction of various indications.
- It highlights the current legal status where late-term abortions, even post-extrauterine viability, are not unlawful under specific conditions (section 218 par. 2).
- The author argues for restricting these late terminations to cases involving danger to the pregnant woman's life, referencing constitutional principles and historical legal precedents.
Impact:
- Provides a legal and ethical argument for revising late-term abortion regulations in Germany.
- Contributes to the discourse on fetal viability and the legal definition of 'unlawful' abortion.
- Informs legal scholars, policymakers, and medical professionals on the historical context and proposed future of abortion law.
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