Two centuries after Johann Wolfgang von Goethe immortalised the tragic fate of Gretchen—a teenage girl who drowns her illegitimate child and faces execution—Germany continues to grapple with abortion stigma and legal restrictions. Abortion remains illegal under the German criminal code (Paragraph 218), though it is non-punishable under certain conditions during the first 12 weeks. In practice, access is often limited, and societal shame persists.
The recent controversy over a constitutional court nomination highlights the ongoing battle. Frauke Brosius-Gersdorf, a 54-year-old jurist and professor nominated by the Social Democratic Party (SPD), faced a right-wing campaign accusing her of extremist left-wing views because she supports decriminalising abortion. Her nomination was postponed after 50 to 60 Christian Democrat MPs raised doubts, despite her arguments being firmly grounded in the German constitution.
Brosius-Gersdorf argues that in early pregnancy, the mother's rights predominate, while later, the embryo's right to life must be protected. Claims that she supports abortions up to the ninth month are false, spread by right-wing media and far-right Alternative for Germany (AfD) politicians. Her call to ban the AfD, classified as right-wing extremist by German intelligence, may have triggered the campaign.
The SPD, Greens, and Die Linke continue to support her nomination, but critics expect her to withdraw. The postponement delays the vote until after the summer recess. Observers draw parallels to US culture wars, where abortion rights are under sustained attack.
