Germany doesn’t often make news for protecting freedom of expression. But last week, the country’s top administrative court confirmed that a censorship zone around an abortion organization in Pforzheim was unlawful. In 2019, authorities banned a local 40 Days for Life group from holding silent prayer vigils near an abortion counseling facility.
This is a momentous win for fundamental freedoms, the significance of which should not be underestimated. Censorship zones banning prayer and offerings of help around abortion facilities are a mounting threat throughout Europe.
The UK already enforces censorship zones
In March 2023, the United Kingdom led the way in introducing nationwide ‘buffer zones’ around all abortion facilities, criminalizing charitable workers and other individuals who choose to pray and offer assistance to women in difficult situations. The story of Isabel Vaughan-Spruce, who was arrested for silent prayer, was heard around the world.
The court’s decision is hopefully the antidote to the proliferation of these insidious zones in Germany. However, the federal government has repeatedly expressed the intention to follow the same path as the UK. Federal minister for family affairs, Lisa Paus, from the Social Democrat party, announced a plan to introduce “legal measures” to prohibit peaceful prayer groups until the end of the year. In taking a strong stance in defense of freedom of assembly, the court has introduced a serious impediment to this plan.
Should the government follow through with its censorship policies, a legal clash will be inevitable. But for now, the right to pray and gather peacefully has been affirmed. This provides relief—not only in Pforzheim, but for all of Germany. Everyone has the right to peacefully pray and gather together in the pursuit of a more just world, which is why human rights group ADF International has been providing legal support for the case for more than three years.
The leader of the 40 Days for Life group in Pforzheim, Pavica Vojnović, never could have imagined that the group’s silent vigils would influence federal and maybe even European-wide developments on this issue. It all started four years ago when Pavica was shocked to hear that the municipality had denied permission to hold a vigil near a facility of abortion organization Pro Familia, the German arm of the multi-billion abortion corporation Planned Parenthood. Pro Familia profits financially from abortions conducted in facilities throughout Germany. In the Pforzheim branch they only offer pre-abortion counseling.
Blanket bans on prayer violate fundamental rights
The group gathering for prayer was separated from the facility by a four-lane road. Nevertheless, they were banned. In August 2022, a lower court ruled in favor of Pavica’s group, and now the administrative court has affirmed the ruling, refusing the city an appeal. As noted by Vojnović’s lawyer, Tomislav Cunovic:
Freedom of assembly and expression are cornerstones of democracy and the rule of law. That is why blanket bans on prayer assemblies based on mere allegations are contrary to fundamental rights.
The court articulated a clear defense of freedom of assembly in Germany, clearly affirming an earlier judgement: “Freedom of assembly … is constitutive for a free democratic state order.”
Blanket prayer bans have no place in a free and democratic state. Pavica Vojnović can exercise her basic right to do what her conscience dictates. “I want to be there to pray, not for myself, but for women and their unborn children.” Thanks to the court’s decision, she can do so again at the place where she believes it is most needed.
Pavica Can Pray
Germany doesn’t often make news for protecting freedom of expression. But last week, the country’s top administrative court confirmed that a censorship zone around an abortion organization in Pforzheim was unlawful. In 2019, authorities banned a local 40 Days for Life group from holding silent prayer vigils near an abortion counseling facility.
This is a momentous win for fundamental freedoms, the significance of which should not be underestimated. Censorship zones banning prayer and offerings of help around abortion facilities are a mounting threat throughout Europe.
The UK already enforces censorship zones
In March 2023, the United Kingdom led the way in introducing nationwide ‘buffer zones’ around all abortion facilities, criminalizing charitable workers and other individuals who choose to pray and offer assistance to women in difficult situations. The story of Isabel Vaughan-Spruce, who was arrested for silent prayer, was heard around the world.
The court’s decision is hopefully the antidote to the proliferation of these insidious zones in Germany. However, the federal government has repeatedly expressed the intention to follow the same path as the UK. Federal minister for family affairs, Lisa Paus, from the Social Democrat party, announced a plan to introduce “legal measures” to prohibit peaceful prayer groups until the end of the year. In taking a strong stance in defense of freedom of assembly, the court has introduced a serious impediment to this plan.
Should the government follow through with its censorship policies, a legal clash will be inevitable. But for now, the right to pray and gather peacefully has been affirmed. This provides relief—not only in Pforzheim, but for all of Germany. Everyone has the right to peacefully pray and gather together in the pursuit of a more just world, which is why human rights group ADF International has been providing legal support for the case for more than three years.
The leader of the 40 Days for Life group in Pforzheim, Pavica Vojnović, never could have imagined that the group’s silent vigils would influence federal and maybe even European-wide developments on this issue. It all started four years ago when Pavica was shocked to hear that the municipality had denied permission to hold a vigil near a facility of abortion organization Pro Familia, the German arm of the multi-billion abortion corporation Planned Parenthood. Pro Familia profits financially from abortions conducted in facilities throughout Germany. In the Pforzheim branch they only offer pre-abortion counseling.
Blanket bans on prayer violate fundamental rights
The group gathering for prayer was separated from the facility by a four-lane road. Nevertheless, they were banned. In August 2022, a lower court ruled in favor of Pavica’s group, and now the administrative court has affirmed the ruling, refusing the city an appeal. As noted by Vojnović’s lawyer, Tomislav Cunovic:
The court articulated a clear defense of freedom of assembly in Germany, clearly affirming an earlier judgement: “Freedom of assembly … is constitutive for a free democratic state order.”
Blanket prayer bans have no place in a free and democratic state. Pavica Vojnović can exercise her basic right to do what her conscience dictates. “I want to be there to pray, not for myself, but for women and their unborn children.” Thanks to the court’s decision, she can do so again at the place where she believes it is most needed.
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