German court upholds ban on abortions in Catholic-run hospital

by BSBDR

8 comments
  1. >__Judge Klaus Griese said the hospital operator was “authorized” to “make these specifications within the scope of the right to issue regulations.”__

  2. **Two key bits of information:**

    a) The ban doesn’t only include abortions within the first 12 weeks of pregnancy, but also those in advanced pregnancy that have solid medical indications aside from just not ‘wanting’ the child.

    b) The ban also covers the physician’s private practice which he runs aside from his job as head of department as the hospital – the Catholic leadership of the hospital is basically trying to also tell him what to do with his own business.

    In the past when labour law disputes between church run organisations and employees have gone to court for some reason lower courts have almost always sided with the church on its discriminatory practices, but when the cases escalated up the ladder to higher courts this has frequently been overturned, most prominently by the European Court of Justice which has almost universally sided with employees against the church’s special treatment in German labour law.

    I hope the man has the tenacity to fight this all the way to the ECJ and establish another precedent that chips away at the church’s completely unacceptable preferential treatment in German law.

  3. Just for reference:

    In Germany in general, no doctor (of any religion) has to to perform abortions if they don’t want to. And that organizations can make rules for their employees is normal.

    The only new problem is that extension to the private practice.

  4. Catholic-run hospitals (where medical practice is influenced by religion) shouldn’t even be a thing.

  5. In Germany abortion is criminal in principle under Section 218, but is not punished in certain cases, mainly up to twelve weeks after mandatory counseling or when there is a medical indication. Church run hospitals have constitutional religious autonomy, so courts generally say they cannot be forced to perform abortions except in emergencies. This kind of ruling does not ban abortions in the area, it means patients need to use other clinics or doctors. The key tension is between patient access and institutional freedom, so referrals and emergency care are crucial.

  6. These church owned hospitals are absolute bullshit. They got so many special rights but are almost fully funded by the state. The state should just kick out the church from them and it would be better for everyone

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