"Goethe shamed German women centuries ago—the legacy endures today | Fatma Aydemir"

Literary Classics and Modern Realities

Every country has works of literature that define its cultural heritage. In Germany, one such classic is *Faust* by Goethe, the story of Dr. Heinrich Faust, a successful yet disillusioned scientist who strikes a bargain with the devil. For over two centuries, *Faust* has been studied, adapted, and performed. But the most tragic figure in the tale is not Faust himself—it’s Gretchen, a young girl manipulated by the older man, left pregnant and shunned by society. Her response? She drowns her child, accepts execution, and refuses Faust’s attempt to free her. In a final plea for divine mercy, she meets her end, while Faust continues his escapades in the sequel.

What would Gretchen’s fate be today? Her tragedy stems from exploitation, rigid moral codes, and the absence of reproductive choice. Even now, abortion remains prohibited under German law, though it is not penalized within the first 12 weeks under specific conditions. Still, a modern Gretchen might struggle to access the procedure, depending on her location, while facing societal and legal stigmatization.

For years, the law known as Paragraph 218, which outlaws abortion, has been contested. Recent events in countries like Poland and the U.S. show how quickly policies can shift when conservative forces gain influence.

The previous German government, led by the SPD’s Olaf Scholz, attempted to reform Paragraph 218 but was unsuccessful. The current administration, under the CDU, is unlikely to advance measures supporting bodily autonomy. However, recent actions in the Bundestag go beyond mere inaction—they reinforce an outdated law that appears incompatible with global human rights standards.

Recently, after a coordinated online campaign, the Bundestag abruptly halted the selection of three new constitutional court judges. The cancellation was prompted by opposition to one candidate, Frauke Brosius-Gersdorf, a legal scholar accused of holding radical views due to her stance on decriminalizing abortion.

Those familiar with Brosius-Gersdorf’s work know her arguments are grounded in constitutional principles, weighing the rights of the pregnant individual against those of the developing embryo at different stages. Early in pregnancy, she asserts, the individual’s rights take precedence, while later, the embryo’s viability becomes central.