Dispute over abortions: chief physician against the church – dispute over abortions

It is a sensational case: a gynecologist and long -time chief doctor complains against a ban on abortions that reintroduced him after a clinic fusion of the Catholic sponsor. At the Evangelical Hospital Lippstadt (EVK), Joachim Volz had medically indicated in the 13 years of his work in individual cases in individual cases. Since the merger with a Catholic hospital for the “Lippstadt Clinic – Christian Hospital”, he has now prohibited this by instruction.

On August 8, a decision by the Hamm Labor Court is expected in the dispute. But for weeks the case “chief physician against the church” has been exciting the minds and provides a lot of public attention. On the day of the negotiation, a demo in Lippstadt in South Westphalia is planned with a march from the clinic to the court, also with political representatives from the country and the federal government. More than 150,000 people have now signed an online petition of the doctor.

Why does the chief doctor complain against his employer?

After the merger, the head of the women’s clinic there has not been able to break off since February, not even with serious malformations of the fetus. This also applies to his private practice in Bielefeld, 50 kilometers away with a connected fertility center. In addition, demolitions are only allowed if there is a risk to the woman.

Paragraph 218 in the Criminal Code

According to the law, a termination of pregnancy is fundamentally illegal, but not punishable within the first twelve weeks and after advice. A demolition is legal if it is medically indicated – for example in the case of serious malformations of the fetus – as well as rape and dangers to life, physical or mental health of the pregnant woman.

“My help is not a sin”

The chief doctor argues that the ban on the Catholic carrier ignores the medical judgment, the will of the patient and the law, which allows such an intervention in certain cases. A termination is not an option for him, it would not solve the core problem, not serve the matter, says Volz of the German Press Agency. His help as a doctor is “a requirement of humanity”.

On July 1, the gynecologist started his online petition “against the Catholic abortion ban” under the title “I am a doctor and my help is not a sin”, which he sees as “wake-up call to politics and society”. She is formally addressed to Chancellor Friedrich Merz (CDU) and the three Minister of Health, Family and Justice. In the petition, Volz writes: “Church and medicine do not get along.” He complains “from the perspective of the Catholic carrier, any ending a pregnancy is murder, so my team and I would be” murderer “.”

Gynecologist: Church shouldn’t have the last word

The 67 -year -old doctor does not see Lippstadt as an individual case. There are already several mergers in the German clinic landscape with similar consequences for gynecologists. “In medicine, the patient should have the last word – in exchange with her doctor.

In order to accompany people at the most vulnerable moments, medical competence, sensitivity and great trust are needed, which is destroyed when an overarching institution intervene.

In a hopeless situation, not to fulfill a parents’ request after a demolition, “failed to help”, Volz recently emphasized in a message.

The position of the Lippstadt Clinic – Christian Hospital

With the merger, the EKH has transferred the company to Catholic Trinity Hospital GmbH. The clinic is obliged to “observe the Catholic concerns with regard to the implementation of abortions,” says the service instructions to Volz. “Accordingly, it is not permitted to carry out abortions in this facility.” The ban applies in the inpatient and outpatient area.

According to the employer, Volz must also ensure that the instruction is known and implemented to all employees. “Violations of this service statement can result in labor law consequences, up to the termination of the employment relationship.”

An demolitions are still likely to be made if “the body and life of the pregnant women are in danger,” explains a clinic spokeswoman on the DPA request. There were only around 15 dropouts per year for medical reasons. The clinic wants to continue the “successful employment relationship” with Volz “on the basis of the ethical criteria agreed in the social contract. His commitment deserves “the highest recognition”. Under the direction of Volz, the number of births increased significantly.

Medical association considers instructions to be unethical

The Regional Medical Association of Westphalia-Lippe is solidarity with Volz and its approach to the ban. “It is unethical and not acceptable to act only when the life of the mother is acutely endangered,” says Association President Hans-Albert Gehle. Doctors should “not be forced to stop a pregnancy if they want to help pregnant women in an emergency.”

The Archdiocese of Paderborn, on the other hand, criticizes that Volz is publicly questioning the ethical orientation of the clinic. The new shareholders’ contract “expressly anchors the comprehensive protection of life both at the beginning and at the end,” it says. And: church-based institutions “contribute to the ethical variety of health of healthcare in a plural society.”

A quality date before the Hamm labor court had failed, hence the date on August 8th. Plaintiff Volz says: “I got an infinite number of letters that I should fight”. He was ready to go through further judicial authorities if necessary. Labor lawyer Till Müller -Heidelberg, who represents him, says: “With a few exceptions, the demand for enforcing Catholic moral and ethics presentations under labor law not only contradicts the European case law, but also the Germans.”