Right to Abortion

The right to decide freely whether and by what means a person wishes to have children has been enshrined in human rights, especially since the 1994 United Nations Cairo Conference. Reproductive rights also include the right to information, resources and services, which make such a free decision, free from coercion and discrimination, possible.

In most states, abortion is still prohibited by law. Pregnant people and doctors face legal hurdles and deficient care situations, resulting in the right to reproductive self-determination not being realised for many unintentionally pregnant persons. While some states have liberalised the regulations in the past years, there have also been steps backwards towards a more restrictive legislation in some places.

Right to abortion in European comparison

The European states regulate very differently, how a pregnant person can abort the own pregnancy. The spectrum ranges from a total ban to a largely self-determined decision – legislative regulations, costs and care situation vary greatly.

In recent years, some states have further liberalised their laws, making access to abortion easier. In Germany, abortion is generally punishable under Section 218 of the German Penal Code (StGB), but remains exempt from punishment if the pregnant person seeks counselling beforehand and meets the statutory waiting period.

Among others, the World Health Organization demands the complete decriminalisation of abortions, to protect the sexual and reproductive health of pregnant persons. In 2023, a commission is to examine for Germany how abortions could be regulated outside the criminal code.

Against this backdrop, the Observatory is working on a European comparative analysis of regulations regarding abortion and is focussing in particular on states with liberal regulations.