A government-backed committee in Germany has sparked controversy by recommending that the country abolish its law that prohibits incest between siblings.
In a statement, the German Ethics Council – which advises government lawmakers –explained its view that, “Criminal law is not the appropriate means to preserve a social taboo.”
The issue landed before the Ethics Council because of an unusual criminal case in Germany involving two siblings from Leipzig - Patrick and Susan - who weren’t brought up together, but met later in life when he was 24 and his sister was 16.
The pair became a couple and went on to have four children – two of whom are disabled. It is believed that the offspring of incestuous couples have a higher risk for developing genetic abnormalities.
They were prosecuted under the country’s anti-incest laws and forced to live apart because of their illegal relationship. But four years after Germany’s Federal Constitutional Court upheld the law criminalizing their relationship, the Ethics Council reviewed the case and provided the rationale for its argument.
“Neither the fear of negative consequences for the family, nor the possibility of the birth of children from such incestuous relationships can justify a criminal prohibition,” the Ethics Council said in a statement. “The fundamental right of adult siblings to sexual self-determination has more weight in such cases than the abstract protection of the family.”
Legal experts are studying the argument, because it could potentially have spillover effects in the United States, where incest laws are not only diverse, but constantly shifting.
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