Medical officer under legal scrutiny for enforcing prohibition of abortions
Lippstadt Clinic Chief Physician Loses Abortion Ban Lawsuit
In a landmark ruling, the Hamm Labour Court in North Rhine-Westphalia has upheld the Catholic-run Lippstadt Clinic's right to prohibit abortions, a decision that has sparked controversy and public outcry.
Chief Physician Challenges Hospital's Abortion Ban
The chief physician of the Lippstadt Clinic, Joachim Volz, had been performing medically indicated abortions with his team at the Evangelical Hospital Lippstadt. However, since February 2025, this practice has been prohibited by the Catholic sponsor. Volz, expressing concern over the potential impact on women's health and rights, challenged this directive, citing conflict with his medical duties and patients' legal healthcare rights.
Court Upholds Hospital's Right to Enforce Policies
Despite Volz's objections, the court sided with the hospital, stating that it is entitled to make provisions within its right of directive. The ruling does not provide an explanation, with Judge Klaus Griese stating only that the employer is entitled to both measures. This decision means that the physician, despite his role as head of gynecology, must comply with the hospital's abortion ban, with exceptions only applying if the pregnant woman's life or limb is at risk.
Public Protests and Petitions
The ruling has sparked public protests and a petition titled "I am a doctor - my help is not a sin!" started by Volz, which has gained over 232,000 signatures. During a protest march, Volz held up a sign with the current number of signatures, 231,470. Approximately 2,000 people participated in the protest march titled "Stop the Catholic Abortion Ban," passing by the Lippstadt Clinic. Politicians from the federal and state governments of NRW, including the co-fraction leader of the Greens, Britta Haßelmann, attended the protest.
Tension between Medical Professionals and Institutional Religious Policies
The case illustrates tension between medical professionals' clinical judgment and institutional religious policies. The managing director of the clinic, Hauke Schild, argues that an employer can determine what is done and what is not done in his company, citing entrepreneurial freedom. However, the legal representative of the plaintiff, Till Müller-Heidelberg, argues that a clinic management can issue service instructions, but these do not include the medical area - i.e., diagnostics and therapy.
Future Appeal
Volz has stated that he is "firmly convinced that reason and humanity will prevail" and plans to "almost certainly" appeal to the next judicial instance. His concern is that the treatment of women may change, they may be pushed to the margins, stigmatized, and ultimately forced to travel abroad for abortions due to Catholic provider involvement in politically motivated clinic mergers.
[1] The Local [2] Deutsche Welle [3] The Guardian [4] BBC News
- Despite the court's decision to uphold the Catholic-run Lippstadt Clinic's right to prohibit abortions, the chief physician, Joachim Volz, is concerned about the potential impact this ban might have on women's health and rights, especially in relation to mental health and women's health.
- In the wake of the Lippstadt Clinic's abortion ban, the ongoing tension between medical professionals' clinical judgment and institutional religious policies is becoming increasingly clear, particularly in the context of science, health-and-wellness, and mental-health.
