German Pharmacist’s right to act in line with conscience affirmed in landmark court trial

A German court has ruled for the first time in favour of a pharmacist who refused to sell the ‘morning-after-pill’ citing conscience reasons and his deeply held beliefs.

The drug can prevent the implantation of an embryo in the uterus and cause the death of an unborn child.

After refusing to sell the product in his pharmacy, he was reported to the Berlin Pharmacists’ Chamber which took the matter to the Professional Court at the Administrative Court of Berlin.

ADF International, a faith-based legal advocacy organisation that supported the pharmacist in this case, said the verdict upholds the pharmacist’s right to act in accordance with his conscience with regard to the sale of certain products.

Across Europe, the law clearly protects medical staff from participating in procedures which may violate their conscience. Pharmacists, however, can find themselves in a legal grey area when it comes to the protection of their conscience rights. No German court has previously addressed the matter. The decision is therefore of great importance for pharmacists.

“Personal beliefs and conscience influence all areas of a person’s life and are not simply laid down in a professional setting. This pharmacist in Berlin faced legal proceedings for choosing to act in line with his conscience. The court recognized that he did not violate the law and should not be forced to act against his personal convictions,” said Felix Böllmann, Legal Counsel for ADF International.