Mayors may ban demonstrations at the entrance to an abortion clinic, the Council of State rules

Mayors may ban demonstrations directly in front of the entrance to an abortion clinic to prevent “disorders”. That’s in one pronunciation of the Council of State, the highest administrative court in the country, which was published on Wednesday. Demonstrators must be able to stand “within sight and hearing distance” of the clinic, according to the Council of State. In this way, visitors to the clinic can decide for themselves “whether they want to enter into a direct confrontation with the demonstrators or not.”

The ruling follows several lawsuits filed by three anti-abortion organizations (Stichting Schreeuw om Leven, Donum Domini and Pro Life Heemstede) and one anti-abortion demonstrator after they were banned by mayors from the entrance to abortion clinics in Groningen, Heemstede and Amsterdam.

The Council of State agreed with the mayors on most matters. In one case, the highest administrative court ruled that the new location designated by the mayor of Haarlem for the demonstrators was too far away from the Beahuis & Bloemenhove abortion clinic in Heemstede.

‘Disorders’

“Everyone has the right to demonstrate, but that right is not unlimited,” the Council of State wrote on Wednesday. In the interest of traffic, to protect health or to prevent disorder, a mayor can limit demonstrations or impose regulations on them.

According to the administrative judge, demonstrations in front of an abortion clinic are more likely to lead to disorder. A “certain degree of order and tranquility should prevail” around abortion clinics, just like in a hospital. People who go to an abortion clinic “are in a vulnerable position, meaning that the presence of demonstrators will affect them sooner, stronger and more personally,” according to the Council of State.

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