Excursion to an abortion clinic?
In the ongoing debate surrounding abortion rights in Germany, a notable dispute has arisen in the state of North Rhine-Westphalia. Joachim Volz, the chief physician of gynecology at Klinikum Lippstadt (NRW), has been fighting for the right to perform abortions, despite a ruling from the labor court in Hamm.
The crux of the issue stems from the Abortion Conflict Act, a federal law that requires states to ensure adequate access to both outpatient and inpatient facilities for abortions. However, the Act does not provide specific guidelines for what constitutes 'adequate access'.
The labor court in Hamm has ruled that employers can make such requirements, but Volz's argument that women in the Lippstadt area no longer have adequate access to abortion services was not considered by the court. This is because, according to the court, the criterion of a day trip for abortion services comes from the judgment of the Federal Constitutional Court on abortion from 1993, which states that the journey should be possible in one day using public transportation.
The clinic in Lippstadt performs both surgical and medicinal abortions. However, Volz was instructed not to perform abortions except in medical emergencies after a fusion with a Catholic provider. This has led to a shortage of abortion services in the area, according to Volz's argument.
The federal states, including North Rhine-Westphalia, believe they meet the legal requirements for an 'adequate offer' based on the Abortion Conflict Act. Yet, they do not accept the 40-minute criterion of the Elsa study for defining adequate access to abortion facilities. The criterion used in the Elsa study is whether at least 95% of the population in a district can reach a corresponding clinic or doctor's office within 40 minutes by car.
In the summer, the Elsa study on the situation of unwanted pregnancies was published, finding that in 85 districts (including 43 in Bavaria and 8 in Baden-Württemberg), there is no adequate access to abortion facilities. However, additional facilities in Bielefeld, Dortmund, Gütersloh, and Hamm are reachable by car within 40 to 60 minutes from Lippstadt.
Interestingly, only Bremen has created a regulation to ensure adequate access to abortion facilities. The law is set to come into effect in 2023, but no supply gaps have been identified in Bremen yet. On the other hand, Saxony-Anhalt has established regulations to ensure an adequate provision of abortion facilities.
The Bundestag has the power to specify stricter requirements in the Abortion Conflict Act, potentially providing more clarity on the issue of adequate access. However, this requires a specific legal basis. In the meantime, the debate continues, with Volz persisting in his fight for the right to provide essential healthcare services to women in need.
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