Proposals have already been put forth by the Commission in this regard.

Proposals have already been put forth by the Commission in this regard.

In a heated political landscape, Professor Frauke Brosius-Gersdorf finds herself at the centre of a storm of controversy. The source of the controversy? Her liberal stance on abortion rights, which some critics claim supports the procedure up to late stages of pregnancy, including potentially until birth.

Brosius-Gersdorf, a legal scholar who uses the scientific method to evaluate legal norms, has made headlines with her assertion that human dignity legally begins at birth, not at conception. This view, which she refers to as a "biological-naturalistic fallacy," has sparked intense debate, particularly as it challenges the belief that embryos or fetuses hold constitutional human dignity.

Her stance, if implemented, would represent a significant shift from current German law, where abortions are technically illegal but exempt from punishment during the first three months if the woman undergoes counseling. Brosius-Gersdorf advocates legalizing abortion explicitly during this period without the current counseling prerequisite, but supports protection of life from the third month onward.

The political fallout from these views was palpable just prior to her planned appointment as a judge to Germany’s Federal Constitutional Court. The Christian Democrats (CDU/CSU) and other conservative actors opposed her candidacy, citing her abortion stance and other positions such as support for banning the right-wing AfD party and mandatory COVID vaccinations. Due to this resistance, her nomination was cancelled, and Brosius-Gersdorf eventually withdrew from the election to avoid coalition breakdown, citing rejection by the CDU and potential harm to democracy.

Accusations suggesting egregious or fabricated claims against her were reported, but overall, the main criticism focused on her progressive, left-aligned views on abortion rights and constitutional law interpretation. The Bishop of Bamberg, Gössl, spoke of an "abyss of intolerance," ultimately adopting the narrative set by Beatrix von Storch, a politician who claimed that Brosius-Gersdorf supported abortions up to two minutes before birth.

However, it's important to note that the report prepared on behalf of several federal ministers, which Brosius-Gersdorf was involved in, did not approve of abortions up to two minutes before birth. Instead, it evaluated constitutional regulations related to human dignity and the unborn.

The analysis concluded that the protection status for the embryo/fetus can be derived from the Basic Law, with protection increasing gradually between nidation and birth. The analysis postulated a "strong protection" for the fetus/embryo that begins with extrauterine viability, around the 23rd week of pregnancy, and "full protection" from birth.

The attacks on Brosius-Gersdorf have left scientists vulnerable to attackers, potentially discouraging further scientific analysis of laws and the Basic Law in the field of legal sciences. With Brosius-Gersdorf stating that she is no longer available for her position, it remains to be seen who will take up the mantle in this contentious debate.

[1] Köster, C. (2022). Brosius-Gersdorf verzichtet auf Richteramt am Bundesverfassungsgericht. Berliner Morgenpost.

[2] Rau, J. (2022). CDU-Vorsitzender Friedrich Merz reagiert auf Brosius-Gersdorf-Kontroverse. Spiegel Online.

[3] Schröter, S. (2022). Brosius-Gersdorf zieht sich aus dem Richterwahlausscheid zurück. Tagesspiegel.

[4] Wilhelm, C. (2022). Brosius-Gersdorf: Wie der CDU-Vorsitzende Friedrich Merz sich um die Abtreibungsfrage verhält. t-online.de.

[5] Weiß, T. (2022). Brosius-Gersdorf: Die Abrechnung mit dem Abtreibungsgegner. Der Spiegel.

1. The controversy surrounding Professor Frauke Brosius-Gersdorf, a legal scholar known for her views on abortion rights, has garnered significant attention in the realm of general news and politics, particularly education-and-self-development and personal-growth, as she challenges conventional beliefs about constitutional human dignity.
2. The heated political landscape in Germany has seen intense debate over Brosius-Gersdorf's stance on abortion rights, with policy-and-legislation and crime-and-justice at the forefront, as her views have sparked opposition from conservative actors and led to her withdrawn nomination for a judgeship at Germany’s Federal Constitutional Court.
3. As Brosius-Gersdorf's nomination was cancelled, the focus shifted to her subsequent withdrawal from the election, with critics accused of attacking her progressive, left-aligned views on abortion rights and constitutional law interpretation, adversely affecting the broader field of legal sciences and potentially discouraging further scientific analysis in this area.
4. The analysis prepared by Brosius-Gersdorf and several federal ministers on the protection status for the embryo/fetus under the Basic Law contributed to the debate, outlining that the protection gradually increases from nidation to birth, with "strong protection" starting from the 23rd week of pregnancy and "full protection" from birth, but did not approve of abortions up to two minutes before birth, as was erroneously claimed by some critics.

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