Religious war in the delivery room: clinic bans doctors from performing abortions - even in his private practice

Published on: May 30.2025Categories: Working world, LegalReading time: 3 min.
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Christina Schröder writes about legal topics for the Love & Law blog at Recht 24/7.

When religion supplants medicine

What happens when a church and clinic merge? In the case of Prof. Dr. Joachim Volz, the answer is drastic: the head physician is no longer allowed to perform abortions - not even if they are medically necessary. And not only in the hospital, but also in his private practice.

The background: the former Protestant hospital in Lippstadt was merged with a Catholic hospital. The Catholic side's condition: no more abortions unless the mother's life is in danger. A massive intervention - not only in medical practice, but also in the personal convictions of an experienced doctor.

Volz was Head Physician for over 13 years and made the clinic the top address for births during this time. And yes, he also performed medically indicated abortions - in rare but extremely stressful cases. Now he is being banned from doing so. His reaction? A complaint to the labor court.

When the employer rules the private practice

Particularly explosive: even in his private practice 50 kilometers away, Volz is no longer allowed to perform abortions. Although this practice is recognized by the clinic as an approved secondary activity - and he actually acts independently there.

But is an employer allowed to interfere in private life to such an extent? This question is now at the center of the legal dispute. Volz feels that his medical freedom and his fundamental rights are being curtailed - especially as medically indicated abortions are not frivolous interventions, but medical necessities.

What many people don't know is that abortions for medical reasons - for example in the case of fatal fetal malformations - are legal in Germany. However, church organizations are allowed to prohibit them in their clinics. And they do so. Not infrequently. And with the full backing of the church and the law.

Who has the last word: faith or law?

Volz refers to medical ethics, the German constitution and his professional experience - the other side refers to the merger's articles of association, church labor law and the so-called duty of conduct of management personnel.

The Catholic Church sees abortion as murder - that is their position. But is it allowed to impose this position on doctors who consider the exact opposite to be medically justifiable? And what happens to patients who need medical help right now? They have to look for other clinics - often far away, often with little time, often in already difficult situations.

The fact that Volz also trains young doctors who have to learn how to deal with such interventions makes the matter even more critical. Is this not only preventing medicine, but also undermining the future of medical care?

Medicine is no place for dogma

What is happening here is a prime example of how religious principles are suddenly being placed above medical standards - at the expense of patients, doctors and the safety of care.

A hospital is not a convent. Anyone who bans medically indicated abortions in Germany is not only obstructing women's access to care in emergency situations - they are also ignoring the right to self-determination and the duty to provide assistance.

Even more absurd: the state saved this Catholic hospital with taxpayers' money - and now this same state-saved institution is imposing conditions that millions of women in Germany cannot understand.

A man fights for his convictions - and for the rights of his patients. The case will set a precedent. And it shows: The debate about church labor law is far from over. But it is sorely needed.

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