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Legal dispute over the morning-after pill: Pharmacist must dispense approved medicine

A pharmacist may not refuse to hand out licensed medicines for reasons of conscience. This was decided by the Higher Professional Court for Healthcare Professions at the Higher Administrative Court of Berlin-Brandenburg on Wednesday, as the court announced in Berlin on Thursday. The Chamber of...

Pharmacy logo in Berlin
Pharmacy logo in Berlin

The pharmacist invoked his conscience because he did not want to participate in the taking of lives that had already come into existence, the court stated. As an independent pharmacist, he was, however, obliged to fulfill the statutory supply mandate with medicines, decided the Professional Chamber.

The fundamental right to conscience raises a serious conflict of conscience that one cannot evade in a reasonable manner, according to the court. Anyone who decides to run a public pharmacy must ensure comprehensive supply. There are other professional opportunities for pharmacists where this conflict of conscience does not exist.

In the midst of a legal dispute, the pharmacist argued against distributing a particular drug due to ethical reasons in Berlin. Despite this, the Professional Chamber upheld the obligation for independent pharmacies to provide prescriptions, including the controversial pill. Following the court's decision, the pharmacist chose to publish an open letter about their stance, sparking public debate.

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