Catholic Hospital’s Right to Uphold Its Institutional Religious Freedom
The Labour Court of Hamm has affirmed the right of a Catholic hospital in Germany to prohibit a senior gynaecologist from performing procedures that go against its religious mission, both within the hospital and in his private practice.
Dr Joachim Volz, formerly Chief Physician in Gynaecology at a hospital in Lippstadt, Germany, challenged new directives issued by the hospital’s new Catholic management following a merger. The hospital, which is now operated by Katholisches Klinikum Ruhrgebiet Nord, has introduced a binding service instruction forbidding certain medical interventions unless there is an imminent danger to the life of the mother or unborn child.
In addition, the hospital revoked Dr Volz’s approval for a secondary medical practice that conflicted with the hospital’s Catholic mission. The court upheld the hospital’s decisions, stating: "Within the scope of its right to issue instructions as an employer, the defendant hospital was entitled to prohibit medical staff from performing abortions, except in cases of imminent danger to life."
Moreover, the revocation of approval for secondary medical work was lawful, as such permissions are always subject to withdrawal when significant organisational or ethical interests are involved. "Approval for secondary employment is subject to revocation. Such revocation is permissible if important operational interests are affected, such as compliance with Catholic principles in this case."
The ruling serves to affirm that the hospital’s religious character constitutes sufficient justification for the imposition of limitations that are deemed necessary to maintain its moral and ethical framework.
Concerning the European Legal Framework, Article 9 of the European Convention on Human Rights (ECHR) protects not only individual freedom of religion but also the rights of institutions with a religious mission to manifest their beliefs in worship, teaching, practice, and observance.
The European Court of Human Rights (ECtHR) has acknowledged that institutions with a religious character may operate in line with their faith-based values, even if this entails placing certain limits on the activities of their employees. In accordance with Article 9 of the European Convention on Human Rights (ECHR), the protection of religious freedom has been understood to cover both individuals and organisations, particularly in instances where the organisation pursues a religious mission (see Fernández Martínez v. Spain, 2014).
The ruling by the Labour Court of Hamm is a clear affirmation of the fundamental principle that religious institutions have the right to operate according to their conscience and faith-based values. This institutional religious freedom is essential to the identity and mission of faith-based organisations, particularly in sectors like healthcare where moral and ethical considerations are paramount.
Respecting this freedom ensures pluralism and protects the diversity of convictions within European society. Religious organisations must be able to maintain their teachings and practices without external interference that is incongruent with their deeply held beliefs.
This ruling underscores the significance of safeguarding institutional religious freedom, particularly within healthcare settings. The right of faith-based organisations to act in line with their core values. Lawmakers and human rights bodies are therefore urged to safeguard this autonomy, ensuring that religious institutions are able to continue to operate according to their beliefs within their areas of responsibility.
Source: arbg-hamm.nrw.de; evangelisch.de; mt.de; nrwe.justiz.nrw.de; 56030/07 ECHR
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