SW News: In Germany, the government of the state of Bavaria has announced that it would lodge a lawsuit against the Federal Constitutional Court if the coalition government of the federation deletes paragraph 218 pertaining to abortion from the penal code. This was publicized on January 11 by Bavarian Social and Family Minister Ulrike Scharf. The minister said the decriminalizing of abortion was unconstitutional.

The Bavarian government made this move after Federal Family Minister Lisa Paus of the Greens Party said, “Who else but the pregnant women themselves should decide whether they want to or can carry a child?” In case the traffic light coalition comprising the Social Democratic Party of Germany, the Free Democratic Party and the Alliance 90/The Greens decides to decriminalize abortion, a quarter of the Bundestag or state governments have the freedom to ask the Federal Constitution Court to examine it. This is part of the procedure known as abstract norm control.

Earlier, Bavaria had objected twice to reforming the abortion law. Termination of pregnancy is illegal in the country and it invites a punishment of up to three years in jail. However, if the fetus poses a risk to the health of the mother then doctors and women do not face penalties. After compulsory counseling, a pregnant woman can undergo an abortion within the first 12 weeks of gestation.
Way back in 1974, the social liberal coalition then allowed abortions within the first 12 weeks of gestation. But the Federal Constitution Court scuttled it the following year, heeding the request of the Baden-Wurttemberg state government.

Post reunification of Germany, the parliament decided in 1992 to once again allow termination of pregnancy in the first 12 weeks provided she undergoes counseling on the importance of protecting life from inception.

However, the following year, the Federal Constitution Court prohibited this reform upon the request of the Bavarian CSU state government. Although the termination of pregnancy after counseling will not be a punishable crime, they are illegal.