The debate on pregnancy conflicts in Germany is caught between the protection of unborn life and the reproductive autonomy of women. The coalition agreement of the traffic-light coalition aims to strengthen reproductive rights, which includes reviewing the existing abortion law under §218 of the Criminal Code. Critics see this as a threat to the moral and legal coordinates that protect unborn life. The article sheds light on the legal, ethical, and societal dimensions of the conflict and introduces the concept of "dual advocacy" – an approach that tries to safeguard both the woman's autonomy and the unborn's right to life.
The general criticism that mandatory counselling undermines the right to reproductive self-determination is not convincing. This is because it is based on the confusion of two different understandings of autonomy or self-determination. Regulating abortion outside of the criminal code, from the perspective of reproductive autonomy, would violate the principle of dual advocacy and abandon the socially proven compromise regarding § 218 StGB.
Please note, to date the paper is only available in German.
