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0 pointsrayiner4y ago0 comments

> When a perceived right is forcefully taken away by one's state, the legal argument for or against the federal mechanism that was preventing that takes a back seat, to put it mildly.

To be clear, the “right” only came into existence because the Supreme Court in the 1970s conjured it out of thin air. Several other high courts in advanced democracies took up the abortion question around that time. None found a legal right to abortion. Most found it to be an issue for the legislature. Germany found abortion to violate the Basic Law’s Right to Life (and that precedent still stands!)

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Tomte4y ago

Germany's legal doctrine on that is complicated. In theory it's completely illegal, but doesn't lead to prosecution when obeying some limits (you need to get counseled, only in the first 12 weeks etc.).

But if abortion were truly a violation of law (not to speak of the Basic Law) it would necessarily open the perpetrator to acts of self-defense (or self-defense of others, not sure about the English phrase).

But our Constitution Court specifically ruled that "other-defense" is not applicable, even when the abortion violates the 12 week limit.

It's just as political here as over there in America. And the legislative and courts are also muddling through.

Side note: on the very same day Roe v. Wade was overturned the German parliament legalized advertising for/informing about abortions (depending on who you ask).

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