The First Instance Court found the Commission to be in violation of its duties as stated under Article 85 (1) of the Treaty.

The First Instance Court found the Commission to be in violation of its duties as stated under Article 85 (1) of the Treaty.

In a case that highlights the ongoing debate about abortion rights and religious freedom in Germany, Chief Physician Joachim Volz, based in Lippstadt, is taking legal action against a ban on abortions imposed on him following a clinic merger with a Catholic provider [1].

The merger, which saw the Evangelical Hospital Lippstadt (EVK) transfer operations to the Catholic Trinity Hospital GmbH, has led to a prohibition on abortions under the new hospital's policy, a restriction that Dr. Volz is now contesting in court. Over the course of his 13-year tenure at the EVK, Volz had performed medically indicated abortions in individual cases [1].

The regional medical association Westphalia-Lippe supports Volz and his actions against the ban, stating that doctors should not be forced to refrain from performing an abortion when they want to help pregnant women in distress. Volz himself considers resignation not to be an option and views his help as a "duty of humanity" [1].

The petition launched by Volz on July 1, titled "I am a doctor and my help is not a sin," formally addresses Chancellor Friedrich Merz (CDU) and the three ministers of health, family, and justice. In the petition, Volz writes that church and medicine do not go together and complains that, from the perspective of the Catholic provider, "every termination of a pregnancy is murder" [1].

The controversy surrounding Volz’s case reflects larger societal and ethical conflicts in Germany related to abortion access versus religious freedom for Catholic institutions. This case raises questions about patient rights, constitutional protections, and the role of religious doctrine in healthcare delivery settings.

Notably, Volz's argument is that the ban ignores the medical judgment, the will of the patient, and the law. The current German law permits abortions within the first 12 weeks of pregnancy following mandatory counseling, but there is controversy about whether the unborn fetus is protected under the Basic Law’s guarantee of human dignity [2].

The clinic's service instructions for Volz now require consideration of Catholic interests regarding the performance of abortions, and abortions are not permitted in this facility, except in cases where the life and health of the pregnant woman are at risk. Paragraph 218 of the Criminal Code allows abortions in cases of severe fetal malformations, rape, or risk to the life, physical, or mental health of the pregnant woman [1].

The Archdiocese of Paderborn has criticized Volz for publicly questioning the clinic's ethical orientation. A settlement hearing at the labor court in Hamm failed, and the hearing is now scheduled for August 8. This ban applies to Volz's private practice in Bielefeld as well [1].

Labor lawyer Till Müller-Heidelberg, who represents Volz, states that enforcing Catholic moral and ethical principles through labor law contradicts European case law and German law, with a few exceptions. Violations of the service instruction may result in disciplinary action, up to and including termination of employment [1].

Volz has received numerous messages encouraging him to keep fighting and is prepared to take the case through further judicial instances if necessary. The case exposes the clash between secular legal rights to abortion and ecclesiastical policies enforcing bans within Church-affiliated hospitals, which may result in legal challenges and scrutiny of hospital governance models tied to religious affiliations.

[1] https://www.welt.de/politik/deutschland/plus156636963/Gynae-Volz-will-Kirche-vor-Gericht-stellen.html

[2] https://www.spiegel.de/politik/deutschland/abtreibung-in-deutschland-der-streit-um-das-rechtsgrundlage-a-1266493.html

1. The ongoing debate about abortion rights and religious freedom in Germany is highlighted by the case of Chief Physician Joachim Volz, who is challenging a ban on abortions imposed on him following a clinic merger with a Catholic provider.
2. Volz, based in Lippstadt, is contesting this ban in court, as it contradicts his duty of humanity towards pregnant women in distress, a role he views as non-negotiable.
3. The petition launched by Volz, titled "I am a doctor and my help is not a sin," addresses Chancellor Friedrich Merz and the ministers of health, family, and justice, expressing concerns about the erosion of secular legal rights to abortion.
4. In the petition, Volz argues that the ban ignores the medical judgment, the will of the patient, and the law, and complains about the Catholic provider's view that every termination of pregnancy is murder.
5. Notably, the controversy surrounding Volz’s case reflects larger societal and ethical conflicts related to abortion access versus religious freedom for Catholic institutions, raising questions about patient rights, constitutional protections, and the role of religious doctrine in healthcare delivery settings.
6. The ban applies to Volz's private practice in Bielefeld as well, prompting Volz to remain prepared to take the case through further judicial instances if necessary.
7. The case exposes the clash between secular legal rights to abortion and ecclesiastical policies enforcing bans within Church-affiliated hospitals, which may result in legal challenges and scrutiny of hospital governance models tied to religious affiliations.

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