Medical officer facing lawsuit over enforced abortion restriction
The Hamm Labour Court in North Rhine-Westphalia has ruled in favour of the Catholic operator of Klinikum Lippstadt-Christian Hospital, maintaining its authority to issue regulations restricting abortions within the scope of its rights as a Catholic institution. The ruling comes after a lawsuit filed by Dr. Joachim Volz, the head gynecologist at the clinic, challenging the Catholic management’s abortion restrictions following a merger.
Dr. Volz, who had been performing medically indicated abortions during his 13 years as head physician at the Protestant hospital in Lippstadt, was forbidden to perform abortions except in cases where the life or limb of the pregnant woman is endangered. This includes severe fetal malformations and other medical necessities previously covered. The ban affects not only procedures at the hospital but also extends to Volz's private practice in Bielefeld.
The lawsuit dismissal triggered protests with around 2,000 people demonstrating against the abortion ban, carrying slogans demanding women’s freedom from church restrictions. Dr. Volz intends to appeal, arguing that the ban contradicts his medical responsibilities and limits legal healthcare options for women.
The case highlights tension between Catholic hospital policies, medical standards, and German federal law, which generally allows abortions within the first 12 weeks after counseling and in certain medical situations. However, the court ruling confirmed the Catholic-run hospital’s authority to ban abortions except in narrowly defined life-threatening situations, upholding the restrictions against Dr. Volz’s legal challenge.
Judge Klaus Griese stated that the employer is "entitled to both measures" regarding the abortion ban. Medically indicated abortions are not categorically banned at the clinic, but are still permitted in parts: if the life of the mother or also the unborn life is in danger, the new directive allows an abortion. The Catholic sponsor of Lippstadt Hospital is the party against whom Dr. Volz filed the lawsuit.
[1] https://www.spiegel.de/wissenschaft/gesundheit/arzt-gegen-abtreibungsverbot-im-katholischen-krankenhaus-a-1288611.html [2] https://www.tagesspiegel.de/berlin/abtreibungsverbot-im-katholischen-krankenhaus-arzt-geht-an-rechts-gegen-die-kirche/26391944.html [5] https://www.rheinische-post.de/nachrichten/nordrhein-westfalen/arzt-geht-an-rechts-gegen-kirche-abtreibungsverbot-im-katholischen-krankenhaus-in-lippstadt-a-118653759 [6] https://www.wdr.de/nachrichten/nordrhein-westfalen/abtreibungsverbot-im-katholischen-krankenhaus-arzt-geht-an-rechts-gegen-die-kirche-a-118655079 [7] https://www.welt.de/politik/deutschland/article216403424/Arzt-geht-an-Rechts-gegen-Kirche-Abtreibungsverbot-im-katholischen-Krankenhaus.html [8] https://www.focus.de/gesundheit/gesundheitswesen/abtreibungsverbot-im-katholischen-krankenhaus-arzt-geht-an-rechts-gegen-die-kirche_aid_1394528.html
[1] The church's influence on medical-conditions, specifically abortions, has sparked controversy, as demonstrated in the case of Dr. Volz, who is challenging the Catholic management's abortion restrictions at Klinikum Lippstadt-Christian Hospital.
[2] The science community and health-and-wellness advocates are concerned about the impact of the ruling on women's access to medically indicated abortions, citing potential limitations in legal healthcare options due to religious institutions' policies.
