Mayors can't ban protests at abortion clinics, but can set limits: Council of State
Mayors can’t ban people from demonstrating at abortion clinics, but they can impose restrictions to prevent disorder, the Council of State ruled in four cases on Wednesday. For example, mayors can prohibit protests directly in front of the clinic’s entrance, as long as the location where demonstrators are permitted is within sight and hearing distance from the clinic, the Council of State said.
Administrative Jurisdiction Division of the Council of State issued rulings on four demonstrations at abortion clinics - one in Groningen, one in Amsterdam, and two in Heemstede. In all four cases, the mayor banned protesters from demonstrating directly in front of the clinic’s entrance to prevent disorder. The protesters disagreed with this.
The Council of State pointed out that the right to demonstrate is not unlimited. The Constitution and the Public Prosecution Act stipulate that the right to demonstrate can be restricted to protect health, in the interest of traffic, or to prevent disorder. In the Council’s opinion, the mayors were allowed to restrict the four demonstrations as they did.
“A demonstration at an abortion clinic is more likely to result in disorder than at other demonstrations. This is due to the location and vulnerability of visitors to abortion clinics,” the Council said. Like other healthcare institutions, abortion clinics deserve a “certain degree of order and tranquility.”
People who visit abortion clinics do so to receive medical care, which they are constitutionally entitled to, the Council said. “These people are in a vulnerable position, meaning that the presence of protesters will affect them more quickly, more strongly, and more personally, making it much more impactful for them than in most other situations.”
According to the Council, mayors are therefore allowed to designate a location for anti-abortion protests other than directly in front of an abortion clinic. “However, they must keep in mind that this alternative location must be within sight and hearing distance of clinic visitors,” the Council said. “Everyone has the right to demonstrate, including at an abortion clinic.”
According to the Council, designating a specific demonstration place outside an abortion clinic gives clinic visitors the chance to “decide for themselves whether or not they wish to engage in direct confrontation with the protesters.”
