Balancing the Freedom of Religion of an Association Campaigning Against Abortion with a Woman’s Right to Respect for Private Life
by Adina Müller and Michael Germann
Question(s) at stake
Whether a private association campaigning against abortion can, in view of its right to freedom of religion, be ordered not to address women who are about to enter a pregnancy counselling centre.
Outcome of the ruling
To protect the rights to respect for private life of women who are about to enter a pregnancy counselling centre, it is justified to order a private association campaigning against abortion not to address them in a way that makes it impossible for them to avoid the confrontation.
Country:
Official citation
Higher Administrative Court Baden-Württemberg, Decision of 10 June 2011, 1 S 915/11 (VGH Baden-Württemberg, Beschluss vom 10. Juni 2011, 1 S 915/11)
Topic(s)
Keywords:
Abortion Healthcare and medical interventions Legal toolbox Right to respect for private life Rights and freedoms Freedom of thought, conscience and religion
Tag(s):
Pregnancy-conflict-counselling-centre Anti-abortion
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Adina Müller (Martin-Luther-Universität Halle-Wittenberg, Germany)
Michael Germann (Lehrstuhl für Öffentliches Recht, Staatskirchenrecht und Kirchenrecht, Martin-Luther-Universität Halle-Wittenberg, Germany)
Michael Germann is Professor of Public Law, Law and Religion, and Ecclesiastical Law, as a member of the Law Faculty of the Martin Luther University of Halle-Wittenberg.
His research areas include religious freedom as guaranteed to both individuals and religious, and philosophic corporations under the German Basic Law. He is a member of the editorial board of the ‘Zeitschrift für evangelisches Kirchenrecht’ and co-editor of the third edition of the 'Handbuch des Staatskirchenrechts der Bundesrepublik Deutschland’. As a long-standing commentator on the German Basic Law articles concerning religious freedom, he keeps track of German case law on religious freedom.
Within CUREDI, he and his team report recent cases and leading case law. He is also a reviewer and member of the CUREDI Editorial Board.