General framework

In the ruling on a demonstration in Groningen, the Administrative Jurisdiction Division provides a general framework on when a mayor may designate a specific location for demonstrations at abortion clinics to prevent disorder. The Administrative Jurisdiction Division also issued three other rulings today on demonstrations at abortion clinics, two in Heemstede and one in Amsterdam.

Right to demonstrate is not unlimited

Everyone has the right to demonstrate, but that right is not unlimited. The Constitution and the Public Manifestations Act stipulate that the right to demonstrate can be restricted to protect health, in the interest of traffic, and/or to prevent disorder. Only if one or more of these interests are at stake can a mayor impose restrictions or conditions on a demonstration. In all four cases, the mayors determined to prevent disorder that demonstrations were not allowed directly in front of the abortion clinic entrance. The demonstrating organizations disagree with this.

Disorder

According to the Administrative Jurisdiction Division, demonstrations at abortion clinics are more likely to cause disorder than other demonstrations. This relates to the location and the vulnerability of visitors to abortion clinics. Around an abortion clinic, a certain level of order and calm should prevail, similar to a hospital. It is a place where people exercise their constitutional rights and have a right and need for care. These people are in a vulnerable position, so the presence of demonstrators affects them more strongly and personally, making it much more impactful than in most other cases.

Alternative location possible, but within sight and hearing distance

Mayors may therefore designate a different location for the demonstration than directly in front of the abortion clinic entrance to prevent disorder. However, they must ensure that the alternative location is within sight and hearing distance of clinic visitors. Everyone has the right to demonstrate, including at an abortion clinic. But by designating a specific location for demonstrators, visitors can decide whether to confront the demonstrators directly or not.

Groningen

The Groningen case concerns the mayors decision to impose restrictions on a demonstration by Stichting Schreeuw om Leven at the abortion clinic of Stichting Stimezo Groningen. The foundation was not allowed by the mayor to demonstrate directly in front of the clinic entrance but was permitted to demonstrate on the grass strip across the street. The Administrative Jurisdiction Division considers that the mayor was allowed to designate this alternative location so that visitors can decide whether to confront the demonstrators directly.

Read the ruling with case number 202303955/1 here.

Heemstede

In two rulings on demonstrations by Verein Donum Domini and Pro Life Heemstede at the Beahuis & Bloemenhovekliniek abortion clinic in Heemstede, the mayor of Haarlem designated a section of Claus Sluterweg for the demonstration. The mayor was allowed to make this decision according to the Administrative Jurisdiction Division. In the case of Verein Donum Domini, a location on Herenweg was designated later. However, this location was too far from the clinic for demonstrators to properly exercise their right to demonstrate, according to the Administrative Jurisdiction Division. Although the location is opposite the clinics main entrance, it is less frequently used than the back entrance. Moreover, the demonstration area was separated from the main entrance by a busy road with four lanes and two bike paths.

Read the ruling with case number 202207459/1 about Verein Donum Domini and the ruling with case number 202300010/1 about Pro Life Heemstede.

Amsterdam

In Amsterdam, the mayor designated a location across the street for a demonstration by a participant in the ‘Pro Life Amsterdam’ movement at an abortion clinic on Sarphatistraat. The Administrative Jurisdiction Division dismissed the womans objections to this location.

Read the ruling with case number 202306212/1 here.