Mayor can limit abortion protest around clinic, says Dutch Council of State
Flyers at the pavement of an abortion clinic. Photo ANP, Koen van Weel
Western Europe
Mayors can’t ban people from demonstrating at abortion clinics, but they may set limits to prevent disorder. Therefore, they can prohibit demonstrations directly in front of the entrance.
The Council of State ruled this on Wednesday. “This way, visitors to the clinic can decide for themselves whether or not to engage in direct confrontation with the demonstrators,” the highest administrative court in the Netherlands stated.
Pro-life activists, also known as vigilantes, are allowed to continue demonstrating within sight and hearing of abortion clinics. “Everyone has the right to demonstrate, including at an abortion clinic. But that right is not unlimited.” A mayor can block a protest at an abortion clinic to “prevent disorder.” Reformatorisch Dagblad reported this.
The Council of State states that a demonstration around an abortion clinic “is more likely to lead to disorder than other demonstrations. This is due to the location and the vulnerability of visitors to abortion clinics.”
A certain degree of order and rest should prevail around an abortion clinic, just like in a hospital, according to the highest administrative court. “It’s a place where people come to exercise their constitutional rights and are entitled to and in need of care. These people are in a vulnerable position, meaning the presence of demonstrators will affect them sooner, more strongly, and more personally, and will therefore be much more impactful for them than in most other situations.”
This ruling from the highest administrative court was eagerly awaited in pro-life circles. It will now resolve several years-long disputes surrounding pro-life demonstrations in cities as Amsterdam, Haarlem and Groningen.
The Council of State addresses specific, local circumstances. For example, the highest administrative court ruled that the mayor was permitted to assign a particular section of the road to pro-life protesters. However, the mayor is also prohibited from placing the protesters too far from the clinic. This might be the end of the wider buffer zones in some places.
Municipalities have so far relied on various court rulings regarding providing space for pro-life protesters at abortion clinics. This is clear from documents obtained by Reformatorisch Dagblad. The one judge deemed addressing women or offering a leaflet to constitute disorderly conduct, while another judge stated that this isn’t necessarily the case; it just depends on how you approach them.
The pro-life organisation “Schreeuw om Leven” (Cry for Life) calls the decision of the Council of State “sour and disappointing” and announces an appeal at the European Court of Human Rights (ECtHR) in Strasbourg.
Another pro-life organisation, “Kies Leven” (Choose Life), is concerned that the Council of State speaks about abortion as “care”, which it isn’t, says Kees van Helden. “It is the killing of a child.”
Related Articles
