Country or Region | |
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Germany |
No
Read more WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
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Germany |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Additional notesSocio-economic factors may be considered in the process of assessing a woman’s eligibility for termination of her pregnancy. The Criminal Code states: The termination of pregnancy performed by a physician with the consent of the pregnant woman shall not be unlawful if, considering the present and future living conditions of the pregnant woman, the termination of the pregnancy is medically necessary to avert a danger to the life or the danger of grave injury to the physical or mental health of the pregnant woman and if the danger cannot reasonably be averted in another way from her point of view. |
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Additional notesThe “eugenic indication” which used to be explicitly mentioned in section 218a no. 1 StGB-aF [old version of the German Criminal Code] was abolished by the SFHÄndG [Act to Amend the Act on Assistance for Pregnant Women and Families] of 21 August 1995 (Federal Law Gazette I p. 1050). Today the legal situation is as follows: there is no “eugenic indication” in the German Criminal Code, but if the pregnant woman is under considerable mental stress because prenatal diagnosis (PND) has shown genetic or prenatal damage to the unborn child and she does not consider herself mentally able to raise a disabled child, a medically indicated abortion can be granted. In this particular case, the requirement for the (medical) indication is the necessity to avert a danger to the life of the pregnant woman or a danger of grave injury to her physical or mental health.
The following is stated in Bundestag Printed Paper 13/1850: “The embryopathic indication has been rejected. As became particularly clear from the statements made by associations representing disabled people, this regulation had created the misunderstanding that the justification was based on a disabled child having an inferior right to life. But the regulations on the embryopathic indication were always based on the consideration that such cases can lead to an unacceptable strain being placed on the pregnant woman. The wording with regard to medical indication in section 218a StGB [...] enables these situations to be covered. It has thus been made clear that a disability can never lead to a lowering in the standards of protection applied to human life.” Related documents: |
RapeYes Gestational limit
The number of weeks given refers to weeks since conception. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
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Intellectual or cognitive disability of the womanNo Related documents: |
Mental healthYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Physical healthYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2.
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LifeYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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OtherSexual abuse of persons unable to resist, sexual abuse of children Related documents:Additional notesThe gestational limit is 12 weeks. |
Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
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Germany |
![]() Authorization of health professional(s)Not specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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![]() Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1.
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![]() Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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![]() Judicial authorization in cases of rapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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![]() Police report required in case of rapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion.
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Parental consent required for minorsNo Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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![]() Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2.
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Ultrasound images or listen to foetal heartbeat requiredNo Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5.
Additional notesThe ultrasound image should be shown upon request, but not without being asked. |
Compulsory counsellingYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality.
Additional notesThe offence described under section 218 StGB (termination of pregnancy) is not deemed to have been committed if the pregnant woman has demonstrated to the physician by certificate pursuant to section 219 (2), second sentence, StGB that she obtained counselling at least three days before the operation. In the federal state of Bavaria, to obtain the counselling certificate required for an abortion within the first 12 weeks of gestation, the woman must state the reason why she wishes to have an abortion during the mandatory counselling session. Related documents: |
Compulsory waiting periodYes Waiting period
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1.
Additional notesThe doctor’s written certification that the woman meets the conditions for the medical indication may not be made before the expiry of three days after his or her diagnosis. This does not apply if the pregnancy has to be stopped to avert a present significant risk to the life or limb of the pregnant woman. |
![]() Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
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![]() Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1.
Additional notesGuidelines require testing for chlamydia at the beginning of pregnancy and suggest that gonococcal testing should be limited to risk groups. Related documents: |
![]() Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement.
Additional notesPrenatal genetic testing is addressed in section 15 (1) of the Act on Genetic Testing: Prenatal genetic testing may only be carried out for medical purposes and only where and to the extent that testing aims to look for certain genetic traits in the embryo or foetus that, according to the generally recognised state of the art, adversely affect its prenatal or postnatal health or if it is intended to treat the embryo or foetus with a medicinal product the effect of which is affected by certain genetic traits.
While abortion is legal on request if not more than twelve weeks have elapsed since conception under Section 218a (1) of the Criminal Code, the Act on Genetic Testing stipulates that the foetal gender can be disclosed on request only after 12 weeks of pregnancy. Related documents: |
![]() Restrictions on information provided to the publicNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited.
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![]() Restrictions on methods to detect sex of the foetusNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines § 4.2.1.4.
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Other |
Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
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Germany |
National guidelines for induced abortionYes, guidelines issued by a professional body or non-governmental organization that are endorsed by the government Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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![]() Methods allowedVacuum aspirationYes (12 WEEKS) Dilatation and evacuationNo data found Combination mifepristone-misoprostolYes (63 DAYS) If the pregnant woman decides to have a medical abortion, mifepristone is taken in the presence of a doctor. Misoprostol onlyYes (End of 9 WEEKS) Other (where provided)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners.
Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2.
The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Pharmacy selling or distributionNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Country recognized approval (misoprostol)Yes, indications not specified Misoprostol allowed to be sold or distributed by pharmacies or drug storesNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines.
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Where can abortion services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Medical abortions may be performed in a medical office or hospital. Mifepristone shall be taken in the presence of a doctor. The guidelines recommend that, unlike mifepristone, patients should be given the opportunity to choose whether to take the prostaglandin in facilities such as clinics or practices or at home. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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National guidelines for post-abortion careYes, guidelines issued by a professional body or non-governmental organization that are endorsed by the government Related documents:WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3.
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![]() Where can post abortion care services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4.
Additional notesPost-abortion care may include counselling for contraceptive methods on the woman’s request. |
Insurance to offset end user costsYes Induced abortion for all womenNo Only women who prove they are financially unable to pay for an abortion and have no other means to draw upon can access coverage. Additionally, rape victims who need abortion services are covered, since abortion in the case of rape is considered an exception. Induced abortion for poor women onlyYes Abortion complicationsNot specified Private health coverageNot specified WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2.
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Who can provide abortion servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot specified WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8.
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![]() Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)Facilities that provide postabortion care. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1.
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Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
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Germany |
Public sector providersIndividual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesWhile nobody is obliged to participate in a pregnancy termination, this is not the case if participation is necessary in order to protect the woman from risk of death or serious health damage which cannot be averted in another manner. |
Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesWhile nobody is obliged to participate in a pregnancy termination, this is not the case if participation is necessary in order to protect the woman from risk of death or serious health damage which cannot be averted in another manner. |
Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesWhile nobody is obliged to participate in a pregnancy termination, this is not the case if participation is necessary in order to protect the woman from risk of death or serious health damage which cannot be averted in another manner. |
Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9.
Additional notesWhile nobody is obliged to participate in a pregnancy termination, this is not the case if participation is necessary in order to protect the woman from risk of death or serious health damage which cannot be averted in another manner. |
![]() Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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![]() Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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![]() Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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![]() Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1.
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
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Germany |
![]() Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesPenal Code Section 218 Abortion (1) Whosoever terminates a pregnancy shall be liable to imprisonment not exceeding three years or a fine. Acts the effects of which occur before the conclusion of the nidation shall not be deemed to be an abortion within the meaning of this law. (2) In especially serious cases the penalty shall be imprisonment from six months to five years. An especially serious case typically occurs if the offender 1. acts against the will of the pregnant woman; or 2. through gross negligence causes a risk of death or serious injury to the pregnant woman. (3) If the act is committed by the pregnant woman the penalty shall be imprisonment not exceeding one year or a fine. (4) The attempt shall be punishable. The pregnant woman shall not be liable for attempt. Section 218a Exception to liability for abortion (1) The offence under section 218 shall not be deemed fulfilled if 1. the pregnant woman requests the termination of the pregnancy and demonstrates to the physician by certificate pursuant to section 219(2) 2nd sentence that she obtained counselling at least three days before the operation; 2. the termination of the pregnancy is performed by a physician; and 3. not more than twelve weeks have elapsed since conception. (2) The termination of pregnancy performed by a physician with the consent of the pregnant woman shall not be unlawful if, considering the present and future living conditions of the pregnant woman, the termination of the pregnancy is medically necessary to avert a danger to the life or the danger of grave injury to the physical or mental health of the pregnant woman and if the danger cannot reasonably be averted in another way from her point of view. (3) The conditions of subsection (2) above shall also be deemed fulfilled with regard to a termination of pregnancy performed by a physician with the consent of the pregnant woman, if according to medical opinion an unlawful act has been committed against the pregnant woman under sections 176 to 179, there is strong reason to support the assumption that the pregnancy was caused by the act, and not more than twelve weeks have elapsed since conception. (4) The pregnant woman shall not be liable under section 218 if the termination of pregnancy was performed by a physician after counselling (section 219) and not more than twenty-two weeks have elapsed since conception. The court may order a discharge under section 218 if the pregnant woman was in exceptional distress at the time of the operation. § 219a Advertising for the termination of pregnancy (1) Who publicly, in a meeting or by disseminating writings (§ 11 para. 3) for his financial advantage or in a grossly offensive manner offers, announces, advertises or makes statements of such content 1. own or third-party services to perform or promote a termination of pregnancy or 2. means, objects or procedures suitable for termination of pregnancy, referring to this suitability is punishable by imprisonment up to two years or by fine. (2) Paragraph 1 No. 1 shall not apply if physicians or counseling centers recognized by law are informed as to which doctors, hospitals or institutions are prepared to terminate the pregnancy under the conditions of § 218a (1) to (3). (3) Paragraph 1 (2) shall not apply if the offense is committed against physicians or persons authorized to trade in the means or property referred to in paragraph 1 (2) or by publication in medical or pharmaceutical journals. (4) Paragraph 1 does not apply if physicians, hospitals or institutions 1. point out the fact that they perform abortions under the conditions of § 218a (1) to (3); o 2. point to the information provided by a competent Federal or Land authority, a counseling center under the Pregnancy Conflict Act or a medical association about termination of pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesPenal Code Section 218 Abortion (1) Whosoever terminates a pregnancy shall be liable to imprisonment not exceeding three years or a fine. Acts the effects of which occur before the conclusion of the nidation shall not be deemed to be an abortion within the meaning of this law. (2) In especially serious cases the penalty shall be imprisonment from six months to five years. An especially serious case typically occurs if the offender 1. acts against the will of the pregnant woman; or 2. through gross negligence causes a risk of death or serious injury to the pregnant woman. (3) If the act is committed by the pregnant woman the penalty shall be imprisonment not exceeding one year or a fine. (4) The attempt shall be punishable. The pregnant woman shall not be liable for attempt. table of contents Section 218a Exception to liability for abortion (1) The offence under section 218 shall not be deemed fulfilled if 1. the pregnant woman requests the termination of the pregnancy and demonstrates to the physician by certificate pursuant to section 219(2) 2nd sentence that she obtained counselling at least three days before the operation; 2. the termination of the pregnancy is performed by a physician; and 3. not more than twelve weeks have elapsed since conception. (2) The termination of pregnancy performed by a physician with the consent of the pregnant woman shall not be unlawful if, considering the present and future living conditions of the pregnant woman, the termination of the pregnancy is medically necessary to avert a danger to the life or the danger of grave injury to the physical or mental health of the pregnant woman and if the danger cannot reasonably be averted in another way from her point of view. (3) The conditions of subsection (2) above shall also be deemed fulfilled with regard to a termination of pregnancy performed by a physician with the consent of the pregnant woman, if according to medical opinion an unlawful act has been committed against the pregnant woman under sections 176 to 179, there is strong reason to support the assumption that the pregnancy was caused by the act, and not more than twelve weeks have elapsed since conception. (4) The pregnant woman shall not be liable under section 218 if the termination of pregnancy was performed by a physician after counselling (section 219) and not more than twenty-two weeks have elapsed since conception. The court may order a discharge under section 218 if the pregnant woman was in exceptional distress at the time of the operation. table of contents Section 218b Abortion without or under incorrect medical certification (1) Whosoever terminates a pregnancy in cases under section 218a(2) or (3) without having received the written determination of a physician, who did not himself perform the termination of the pregnancy, as to whether the conditions of section 218a(2) or (3) were met shall be liable to imprisonment not exceeding one year or a fine unless the offence is punishable under section 218. Whosoever as a physician intentionally and knowingly makes an incorrect determination as to the conditions of section 218a(2) or (3) for presentation under the 1st sentence above shall be liable to imprisonment not exceeding two years or a fine unless the act is punishable under section 218. The pregnant woman shall not be liable under the 1st or 2nd sentences above. (2) A physician must not make determinations pursuant to section 218a(2) or (3) if a competent agency has prohibited him from doing so because he has been convicted by final judgment for an unlawful act under subsection (1) or under section 218, section 219a or section 219b or for another unlawful act which he committed in connection with a termination of pregnancy. The competent agency may provisionally prohibit a physician from making determinations under section 218a(2) and (3) if an indictment has been admitted to trial based on a suspicion that he committed unlawful acts indicated in the 1st sentence above. table of contents Section 218c Violation of medical duties in connection with an abortion (1) Whosoever terminates a pregnancy 1. without having given the woman an opportunity to explain the reasons for her request for a termination of pregnancy; 2. without having given the pregnant woman medical advice about the significance of the operation, especially about the circumstances of the procedure, after-effects, risks, possible physical or mental consequences; 3. in cases under section 218a(1) and (3) without having previously convinced himself on the basis of a medical examination as to the state of the pregnancy; or 4. despite having counselled the woman with respect to section 218a (1) pursuant to section 219, shall be liable to imprisonment not exceeding one year or a fine unless the act is punishable under section 218. (2) The pregnant woman shall not be liable under subsection (1) above. table of contents Section 219 Counselling of the pregnant woman in a situation of emergency or conflict (1) The counselling serves to protect unborn life. It should be guided by efforts to encourage the woman to continue the pregnancy and to open her to the prospects of a life with the child; it should help her to make a responsible and conscientious decision. The woman must thereby be aware that the unborn child has its own right to life with respect to her at every stage of the pregnancy and that a termination of pregnancy can therefore only be considered under the law in exceptional situations, when carrying the child to term would give rise to a burden for the woman which is so serious and extraordinary that it exceeds the reasonable limits of sacrifice. The counselling should, through advice and assistance, contribute to overcoming the conflict situation which exists in connection with the pregnancy and remedying an emergency situation. Further details shall be regulated by the Act on Pregnancies in Conflict Situations. (2) The counselling must take place pursuant to the Act on Pregnancies in Conflict Situations through a recognised pregnancy conflict counselling agency. After the conclusion of the counselling on the subject, the counselling agency must issue the pregnant woman with a certificate including the date of the last counselling session and the name of the pregnant woman in accordance with the Act on Pregnancies in Conflict Situations. The physician who performs the termination of pregnancy is excluded from being a counsellor. table of contents Section 219a Advertising services for abortion (1) Whosoever publicly, in a meeting or through dissemination of written materials (section 11(3)), for material gain or in a grossly inappropriate manner, offers, announces or commends 1. his own services for performing terminations of pregnancy or for supporting them, or the services of another; or 2. means, objects or procedures capable of terminating a pregnancy with reference to this capacity,or makes declarations of such a nature shall be liable to imprisonment not exceeding two years or a fine. (2) Subsection (1) No 1 above shall not apply when physicians or statutorily recognised counselling agencies provide information about which physicians, hospitals or institutions are prepared to perform a termination of pregnancy under the conditions of section 218a(1) to (3). (3) Subsection (1) No 2 above shall not apply if the offence was committed with respect to physicians or persons who are authorised to trade in the means or objects mentioned in subsection (1) No 2 or through a publication in professional medical or pharmaceutical journals. Section 219b Distribution of substances for the purpose of abortion (1) Whosoever with intent to encourage unlawful acts under section 218 distributes means or objects which are capable of terminating a pregnancy shall be liable to imprisonment not exceeding two years or a fine. (2) The secondary participation by a woman preparing the termination of her own pregnancy shall not be punishable under subsection (1) above. (3) Means or objects to which the offence relates may be subject to a deprivation order. Law to prevent and manage conflicts of pregnancy 2015 § 14 Fines regulations (1) A person commits and Offence who 1. does not giveng advice to pregnant women in contravention of § 2a (1) or (2); 2. issues a written statement in contravention of contrary to section 2a (2) sentence 2; 3. terminates a pregnancy, in contravention of § 13 (1); 4. fails to comply with his obligation to provide information pursuant to § 18 (1). (2) The administrative offense may be punished by a fine of up to five thousand euros.§ 219a Advertising for the termination of pregnancy (1) Who publicly, in a meeting or by disseminating writings (§ 11 para. 3) for his financial advantage or in a grossly offensive manner offers, announces, advertises or makes statements of such content 1. own or third-party services to perform or promote a termination of pregnancy or 2. means, objects or procedures suitable for termination of pregnancy, referring to this suitability is punishable by imprisonment up to two years or by fine. (2) Paragraph 1 No. 1 shall not apply if physicians or counseling centers recognized by law are informed as to which doctors, hospitals or institutions are prepared to terminate the pregnancy under the conditions of § 218a (1) to (3). (3) Paragraph 1 (2) shall not apply if the offense is committed against physicians or persons authorized to trade in the means or property referred to in paragraph 1 (2) or by publication in medical or pharmaceutical journals. (4) Paragraph 1 does not apply if physicians, hospitals or institutions 1. point out the fact that they perform abortions under the conditions of § 218a (1) to (3); o 2. point to the information provided by a competent Federal or Land authority, a counseling center under the Pregnancy Conflict Act or a medical association about termination of pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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PenaltiesPenal Code Section 218 Abortion (1) Whosoever terminates a pregnancy shall be liable to imprisonment not exceeding three years or a fine. Acts the effects of which occur before the conclusion of the nidation shall not be deemed to be an abortion within the meaning of this law. (2) In especially serious cases the penalty shall be imprisonment from six months to five years. An especially serious case typically occurs if the offender 1. acts against the will of the pregnant woman; or 2. through gross negligence causes a risk of death or serious injury to the pregnant woman. (3) If the act is committed by the pregnant woman the penalty shall be imprisonment not exceeding one year or a fine. (4) The attempt shall be punishable. The pregnant woman shall not be liable for attempt. table of contents Section 218a Exception to liability for abortion (1) The offence under section 218 shall not be deemed fulfilled if 1. the pregnant woman requests the termination of the pregnancy and demonstrates to the physician by certificate pursuant to section 219(2) 2nd sentence that she obtained counselling at least three days before the operation; 2. the termination of the pregnancy is performed by a physician; and 3. not more than twelve weeks have elapsed since conception. (2) The termination of pregnancy performed by a physician with the consent of the pregnant woman shall not be unlawful if, considering the present and future living conditions of the pregnant woman, the termination of the pregnancy is medically necessary to avert a danger to the life or the danger of grave injury to the physical or mental health of the pregnant woman and if the danger cannot reasonably be averted in another way from her point of view. (3) The conditions of subsection (2) above shall also be deemed fulfilled with regard to a termination of pregnancy performed by a physician with the consent of the pregnant woman, if according to medical opinion an unlawful act has been committed against the pregnant woman under sections 176 to 179, there is strong reason to support the assumption that the pregnancy was caused by the act, and not more than twelve weeks have elapsed since conception. (4) The pregnant woman shall not be liable under section 218 if the termination of pregnancy was performed by a physician after counselling (section 219) and not more than twenty-two weeks have elapsed since conception. The court may order a discharge under section 218 if the pregnant woman was in exceptional distress at the time of the operation. table of contents Section 218b Abortion without or under incorrect medical certification (1) Whosoever terminates a pregnancy in cases under section 218a(2) or (3) without having received the written determination of a physician, who did not himself perform the termination of the pregnancy, as to whether the conditions of section 218a(2) or (3) were met shall be liable to imprisonment not exceeding one year or a fine unless the offence is punishable under section 218. Whosoever as a physician intentionally and knowingly makes an incorrect determination as to the conditions of section 218a(2) or (3) for presentation under the 1st sentence above shall be liable to imprisonment not exceeding two years or a fine unless the act is punishable under section 218. The pregnant woman shall not be liable under the 1st or 2nd sentences above. (2) A physician must not make determinations pursuant to section 218a(2) or (3) if a competent agency has prohibited him from doing so because he has been convicted by final judgment for an unlawful act under subsection (1) or under section 218, section 219a or section 219b or for another unlawful act which he committed in connection with a termination of pregnancy. The competent agency may provisionally prohibit a physician from making determinations under section 218a(2) and (3) if an indictment has been admitted to trial based on a suspicion that he committed unlawful acts indicated in the 1st sentence above. table of contents Section 218c Violation of medical duties in connection with an abortion (1) Whosoever terminates a pregnancy 1. without having given the woman an opportunity to explain the reasons for her request for a termination of pregnancy; 2. without having given the pregnant woman medical advice about the significance of the operation, especially about the circumstances of the procedure, after-effects, risks, possible physical or mental consequences; 3. in cases under section 218a(1) and (3) without having previously convinced himself on the basis of a medical examination as to the state of the pregnancy; or 4. despite having counselled the woman with respect to section 218a (1) pursuant to section 219, shall be liable to imprisonment not exceeding one year or a fine unless the act is punishable under section 218. (2) The pregnant woman shall not be liable under subsection (1) above. table of contents Section 219 Counselling of the pregnant woman in a situation of emergency or conflict (1) The counselling serves to protect unborn life. It should be guided by efforts to encourage the woman to continue the pregnancy and to open her to the prospects of a life with the child; it should help her to make a responsible and conscientious decision. The woman must thereby be aware that the unborn child has its own right to life with respect to her at every stage of the pregnancy and that a termination of pregnancy can therefore only be considered under the law in exceptional situations, when carrying the child to term would give rise to a burden for the woman which is so serious and extraordinary that it exceeds the reasonable limits of sacrifice. The counselling should, through advice and assistance, contribute to overcoming the conflict situation which exists in connection with the pregnancy and remedying an emergency situation. Further details shall be regulated by the Act on Pregnancies in Conflict Situations. (2) The counselling must take place pursuant to the Act on Pregnancies in Conflict Situations through a recognised pregnancy conflict counselling agency. After the conclusion of the counselling on the subject, the counselling agency must issue the pregnant woman with a certificate including the date of the last counselling session and the name of the pregnant woman in accordance with the Act on Pregnancies in Conflict Situations. The physician who performs the termination of pregnancy is excluded from being a counsellor. table of contents § 219a Advertising for the termination of pregnancy (1) Who publicly, in a meeting or by disseminating writings (§ 11 para. 3) for his financial advantage or in a grossly offensive manner offers, announces, advertises or makes statements of such content 1. own or third-party services to perform or promote a termination of pregnancy or 2. means, objects or procedures suitable for termination of pregnancy, referring to this suitability is punishable by imprisonment up to two years or by fine. (2) Paragraph 1 No. 1 shall not apply if physicians or counseling centers recognized by law are informed as to which doctors, hospitals or institutions are prepared to terminate the pregnancy under the conditions of § 218a (1) to (3). (3) Paragraph 1 (2) shall not apply if the offense is committed against physicians or persons authorized to trade in the means or property referred to in paragraph 1 (2) or by publication in medical or pharmaceutical journals. (4) Paragraph 1 does not apply if physicians, hospitals or institutions 1. point out the fact that they perform abortions under the conditions of § 218a (1) to (3); o 2. point to the information provided by a competent Federal or Land authority, a counseling center under the Pregnancy Conflict Act or a medical association about termination of pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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![]() PenaltiesPenal Code Section 218a (4)"(…) The court may order a discharge under section 218 if the pregnant woman was in exceptional distress at the time of the operation." |
PenaltiesPenal Code Section 218 Abortion (1) Whosoever terminates a pregnancy shall be liable to imprisonment not exceeding three years or a fine. Acts the effects of which occur before the conclusion of the nidation shall not be deemed to be an abortion within the meaning of this law. (2) In especially serious cases the penalty shall be imprisonment from six months to five years. An especially serious case typically occurs if the offender 1. acts against the will of the pregnant woman; or 2. through gross negligence causes a risk of death or serious injury to the pregnant woman. (3) If the act is committed by the pregnant woman the penalty shall be imprisonment not exceeding one year or a fine. (4) The attempt shall be punishable. The pregnant woman shall not be liable for attempt. § 219a Advertising for the termination of pregnancy (1) Who publicly, in a meeting or by disseminating writings (§ 11 para. 3) for his financial advantage or in a grossly offensive manner offers, announces, advertises or makes statements of such content 1. own or third-party services to perform or promote a termination of pregnancy or 2. means, objects or procedures suitable for termination of pregnancy, referring to this suitability is punishable by imprisonment up to two years or by fine. (2) Paragraph 1 No. 1 shall not apply if physicians or counseling centers recognized by law are informed as to which doctors, hospitals or institutions are prepared to terminate the pregnancy under the conditions of § 218a (1) to (3). (3) Paragraph 1 (2) shall not apply if the offense is committed against physicians or persons authorized to trade in the means or property referred to in paragraph 1 (2) or by publication in medical or pharmaceutical journals. (4) Paragraph 1 does not apply if physicians, hospitals or institutions 1. point out the fact that they perform abortions under the conditions of § 218a (1) to (3); o 2. point to the information provided by a competent Federal or Land authority, a counseling center under the Pregnancy Conflict Act or a medical association about termination of pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. WHO Abortion Care Guideline, p 62.
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