‘생명(Leben)’ 對 ‘인간다움(Menschlichkeit)’: 서독에서 “낙태와 형법 218조를 둘러싼 논의”

The abortion debate in West Germany, gaining momentum after the 1968 revolution, was divided into two main perspectives: upholding normative standards versus addressing women’s social reality. Advocates for women’s right to abortion, including reformist churches, physicians, the Social Democratic Party, and the Free Democratic Party, emphasized the difficulties women faced in bearing and raising children. Conversely, the Catholic Church, conservative Protestant churches, the German Medical Association, and the CDU/CSU focused on normative arguments about the dignity of life, the state’s duty to protect fetal life, and Germany’s Nazi past. These perspectives were linked to pro- and anti-abortion arguments: those prioritizing women’s realities favored abortion rights, while those emphasizing the dignity of life opposed liberalization. The 1974 Abortion Act allowed abortion within the first trimester, but was replaced by a 1976 statute that, after Constitutional Court review, listed specific conditions under which abortion was permitted. Post-reunification in 1990, efforts to reconcile East and West German abortion laws sparked intense debate, with the legislative process ultimately reaffirming the 1970s principle of “outlaw but not punish.” West Germany’s approach in the 1970s was distinct, as it aimed to protect the unborn's right to life through state intervention rather than granting women the final decision, unlike the United States and France. Additionally, it sought to improve women’s conditions through health insurance.