Germany’s Ministry of Justice Monday announced a draft law for the repeal of a Nazi-era law that prohibits the dissemination of information on abortion.

Section 219a of the German Criminal Code prohibits the advertisement of abortion for pecuniary benefit. This includes the dissemination of material on abortion services and the means and risks of abortion.

After an amendment in 2019, this law makes an exception for doctors, hospitals or statutorily recognised counseling agencies allowing them to refer to the fact that they terminate pregnancies. They are not, however, allowed to provide any information on abortion unless the same is prescribed by the competent German authorities.

In a statement on Monday, German Justice Minister Marco Buschmann said that “[d]octors should also be able to provide public information about abortion[s] – without taking the risk of criminal prosecution.” He criticised the law for making access to reliable information on abortions difficult. “Women who are considering terminating their pregnancy are in a painful situation. They want factual information and are looking for advice on methods, risks and possible complications.”

Germany’s incoming government has signed a three-party coalition agreement that states, “The possibility of free abortions is part of reliable health care.” The agreement commits to making abortion information more accessible. 

Abortion is still technically illegal in Germany based on the law set out in Section 218 of the German Criminal Code. Anyone who terminates a pregnancy can be fined or imprisoned for up to three years. If an abortion was medically necessary, resulted from rape or was carried out after due consultation with a practitioner within the first twelve weeks, there is no criminal liability. The exceptions only make abortion without punishment possible; they do not make abortion legal.