On November 13, 2024, an amendment to the Act on Pregnancies in Conflict Situations (Schwangerschaftskonfliktgesetz, SchKG) that makes harassing pregnant women in front of counseling centers and abortion clinics an administrative offense entered into force in Germany.
The amendment creates a buffer zone of 100 meters (328 feet) around counseling centers and abortion clinics. Within these buffer zones, it is prohibited to
- block a woman’s entry or exit by creating physical barriers;
- perform unsolicited sidewalk counseling on continuing the pregnancy;
- harass, intimidate, or put extreme similar pressure on the pregnant woman to influence her decision to continue the pregnancy; or
- give, show, or communicate false content on pregnancy or abortion to the pregnant woman or content that is likely to cause an immediate serious emotional reaction, such as fear, disgust, shame, or feelings of guilt.
Furthermore, personnel at counseling centers or abortion clinics may not be prevented from performing their duties.
Violations may be punished by imposing an administrative fine of up to 5,000 euros (about US$5,281).
The amendment also explicitly instructs the German states to ensure unrestricted access to counseling centers and abortion clinics.
Background to the Amendment
The Act on Pregnancies in Conflict Situations provides that every person has a right to get information and counseling regarding all questions that directly or indirectly relate to a pregnancy, such as family planning, preventive check-ups, government benefits for pregnant women, abortion, and adoption, among others. (SchKG, § 2.) Pregnant women must receive counseling without undue delay. (§ 6, para. 1.) If the woman decides to have an abortion after the counseling, a doctor may perform the abortion without facing criminal consequences. (Criminal Code, § 218a, para. 1.)
According to the explanatory memorandum to the amendment act, there has been an increasing number of protests in front of institutions providing counseling or performing abortions. In many cases, pregnant women have been asked in a harassing manner about a potential abortion or have been confronted with disturbing images or texts about the topic, which has put pregnant women under extreme psychological pressure. The memorandum further notes that employees of counseling centers and abortion clinics have been prevented from performing their work. In some cases, women have been too frightened to even enter the counseling center. Lastly, the memorandum points out that under German law, counseling is a prerequisite to having an abortion without facing legal consequences. Depending on where the pregnant woman lives, she might not have the option to go to a different counseling center. (Explanatory memorandum, at 1, 2; Criminal Code, § 218a, para. 1, no. 1, § 219.)
Jenny Gesley, Foreign Law Specialist
November 19, 2024
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