German Federal Constitutional Court abortion decision
The German Supreme Court addressed the issue of abortion two years after Roe v. Wade in a decision known as BVerfGE 39,1, holding that the unborn have a right to life guaranteed by the constitution, that abortion is "an act of killing", and that the unborn child deserves legal protection throughout its development. The decision is a contrast to Roe because it cuts across the usual categories, and cannot be described as "liberal" or "conservative". Notably, it said that the state has a duty to use "social, political, and welfare means" to foster developing human life, and that these are preferable to penal measures (though the latter are not ruled out). The decision came several years after decisions in the U.S. and Britain legalized abortion. It struck down a law that legalized some abortions in the first three months.
The decision considered the full range of arguments for abortion, both early (legalization had been a topic of debate in Germany since the turn of the century) and recent (used in other countries such as the United States and Britain that legalized abortion several years before). In particular, it specifically rejected the main points of reasoning in Roe v. Wade as well as its "term solution" as inconsistent with the constitutional guarantee of the right to life.
The part of the German constitution referred to in the decision, Article 1, Paragraph 1, says that "Everyone has the right to life", but does not specifically mention the unborn.
The decision was confirmed after the reunification of Germany, striking down East German laws which permitted abortions under most circumstances.
The decision does not make all abortions illegal. The legislature implemented a system of mandatory counseling which has as one of its goals to present the case that the developing unborn child is an independent human life. However, no legal sanction is applied in the first 3 months of pregnancy if the counseling is completed and the abortion is performed. Despite some of the reasoning contained in the decision, this system has not been found by the court to conflict with the constitution. Some abortions are therefore de facto legal. A significant number still occur, but the incidence per capita is about one-fifth that of the United States.