Right to abortion - Bundestag decides on fines for sidewalk nuisance
With a legislative change, the German federal government aims to protect pregnant women more effectively against abortion opponents. The Bundestag is expected to finalize the stricter rules at noon. According to Bundesfamilienministerin Lisa Paus (Greens) of the German Press Agency, this is "an important step to strengthen the rights of women." The federal government plans to ban certain "unacceptable behaviors" with the amendment to the so-called Pregnancy Conflict Law, as stated in the draft. These behaviors include intentionally obstructing access to and egress from institutions for pregnant women, forcing one's opinion on them, putting them under significant pressure, or confronting them with false factual assertions or disturbing content. Infringements constitute an administrative offense, according to the draft. Paus emphasized that harassment of pregnant women outside of counseling centers, practices, and clinics is "unacceptable." These are women who are already in a difficult situation and are then further intimidated.
Harassment of pregnant women outside counseling centers, practices, and clinics is to become an administrative offense. It will henceforth be forbidden to intentionally obstruct access to and egress from these institutions, to force one's opinion on a pregnant woman, to put undue pressure on her, or to confront her with false factual assertions or disturbing content. Infringements constitute an administrative offense, according to the draft. Paus stressed that such harassment is "unacceptable." These are women who are already in a difficult situation and are then further intimidated.
The Union, however, views the proposal critically. The Legal Affairs Committee Chairwoman Elisabeth Winkelmeier-Becker (CDU) told the Redaktionsnetzwerk Deutschland: "The traffic light [coalition] could not provide evidence that there are problems that cannot be regulated by general ordnance law in the balancing of freedom of speech and protection against harassment." The religious political spokesperson for the Union faction, Thomas Rachel (CDU), told the "Rheinische Post" (Friday): "There are already legal possibilities to prevent blockades, insults, and coercion."
According to the draft, behaviors that are "perceptible" within a radius of 100 meters around the entrance area of such institutions will be covered by the amendment. This makes it clearer that the woman is not responsible for protecting herself and clearing the way to counseling, Paus explained further. The federal government aims to put an end to the "spear-carrying procession" for pregnant women. However, a balance will also be maintained with regard to important fundamental rights such as freedom of speech and assembly, she assured.
The amendment to the Pregnancy Conflict Law aims to ban harassment of pregnant women, including obstructing access to institutions, forcing opinions, applying pressure, or spreading false information, which will be considered an administrative offense. Lisa Paus, the Bundestag's Family Minister, emphasized that this is crucial to protect women in vulnerable situations. Challenge to the proposal arises from the Union, who argue that there is no need for a specialized law as existing ordinance law can address harassment and intimidation.