Commission on Reproductive Self-Determination

The Konstanz legal scholar Liane Wörner was appointed to the Commission for Reproductive Self-Determination and Reproductive Medicine. She is one of the 18 experts commissioned by the federal government to examine the current regulations on abortion and the legalization of egg cell donation and surrogacy. The commission was convened on March 31, 2023 by Federal Minister for Family Affairs Lisa Paus, Federal Minister of Health Karl Lauterbach and Federal Minister of Justice Marco Buschmann. The three federal ministers emphasize that the group of scientific experts is to work in two working groups, each without prejudice, without specifications as to content and with an open outcome. The interdisciplinary commission includes experts from medicine, psychology, sociology, health sciences, ethics and law.

Working group: Regulations for abortion

In their constitutive meeting, the members of working group 1 (topic of abortion) appointed Liane Wörner as scientific coordinator. The working group examines the possibilities of regulating abortions outside of the penal code.

According to the current legal situation in Germany, an abortion is generally punishable, with specified exceptions (according to the so-called counseling rule limited to the twelfth week, for medical and social reasons or as a result of a sexual offence). The current regulation has also recently been the subject of public criticism: affected women and doctors are being criminalized and stigmatized.

In the course of the abolition of the advertising ban for abortions in 2022, public criticism of an excessive restriction of the rights to reproductive self-determination was voiced: The current obligation to provide counseling in combination with the deadline for abortions of up to the twelfth week creates enormous time pressure and is described by many women affected as a “counseling marathon ” experienced. Last but not least, women’s health suffers from waiting times and the obligation to seek advice, because this delays terminations. Fewer and fewer doctors are also taking part in the procedure because of criminal risks and conditions. “It is therefore questionable whether the current regulations take a holistic view of the situation of affected women and whether new regulations for the pregnancy conflict are possible, also taking into account social aspects, and within what framework,” says Liane Wörner.

A second working group within the Commission is looking at ways to legalize egg donation and altruistic surrogacy. A joint statement by the two working groups is to be submitted to the ministries within a year.

To person

Liane Wörner is a professor of criminal law, criminal procedure law, comparative criminal law, medical criminal law and legal theory at the University of Konstanz. Since October 2022 she has been the director of the Center for Human | Data | Society at the University of Konstanz. In her research, Liane Wörner examines criminal law and criminal procedure law from a European and international perspective, compares individual criminal law systems and raises questions about the further development of criminal law. A special focus is on the (new) regulation of life protection before birth, at the beginning and at the end of life, as well as the legal aspects of digitization.

Source: University of Konstanz