Germany is set to introduce fines up to €5,000 ($5,500) for expressions deemed to be ‘disturbing’ or ‘confusing,’ in a controversial bill targeting peaceful protests around abortion centers. The move by Germany’s Federal Family Minister Lisa Paus was announced last week and has been framed as criminalizing activities that could infringe on the experiences of those seeking abortions. While harassment is already illegal, this legislation intends to create nationwide censorship zones, restricting peaceful expression and potentially infringing on freedom of assembly and expression.
Interestingly, this new draft legislation comes on the heels of a UK Parliament adoption of so-called ‘buffer zone’ legislation in 2023. This UK law, set to roll out across England and Wales imminently, has led to arrests, fines, interrogations, and criminal charges for silent prayers near abortion centers.
The proposed German law contradicts a 2023 decision by the country’s top administrative court, which reinforced the right to peaceful assembly and protest near abortion facilities. Given this, the new bill may face a difficult passage through the legislative process and indeed, backlash from human rights and pro-life organizations.
Supporters of the freedom of assembly and expression view the proposed legislation as alarming and as an erosion of fundamental freedoms. Entities like ADF International, a legal advocacy group, argue that peaceful protests like silent prayer or non-aggressive offers of support to women entering abortion facilities should not be criminalised. Despite this, the draft bill has been approved by the Federal Cabinet and will now proceed through the Bundesrat and Bundestag.
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