MD, PhD, FMedSci, FRSB, FRCP, FRCPEd.

As I have reported previously, homeopathy has recently had a hard time in Germany. The following short note appeared in the German Medical Journal. Allow me to translate it for you:

The Higher Administrative Court of Bremen has rejected as inadmissible the application for a judicial review by a Bremen physician against the deletion of the ‘HOMEOPATHY’-title from the further training regulations of the Bremen Medical Association (decision of June 2, 2021). Thus, the new regulation for postgraduate training of the Bremen Medical Association without the additional designation of homeopathy has been upheld.

“We are very pleased that the Court shares our legal opinion and has rejected the plaintiff’s application,” said Heike Delbanco, Chief Executive Officer of the Bremen Medical Association. “This is also a clear signal for other German medical associations where comparable lawsuits against the removal of homeopathy from the canon of additional designations are pending.”

The Assembly of Delegates of the Medical Association had decided in September 2019 on a new training regulation, which – unlike the previous regulation – no longer provided for the postgraduate training in homeopathy. After the expiry of a transitional period, the qualification of homeopathy can therefore no longer be acquired at the Bremen Medical Association; however, titles already acquired can continue to be held.

A physician from Bremen, who holds the title of homeopathy, brought an action before the Higher Administrative Court against the cancellation of the additional title. He claimed that the removal of the additional designation from the continuing education regulations interfered with his fundamental right to freedom of profession and his fundamental right to property and complained of a violation of the general principle of equality. The medical association considered the action inadmissible.

The Higher Administrative Court now rejected the application, since a violation of the plaintiff’s rights could not be recognized. The plaintiff can continue to use his title HOMEOPATHY also under the new regulations.

The expectations presented by him – in particular, the expectation to find suitable practice representatives and to be able to sell his practice on retirement at a profit – do not justify any legal positions protected by fundamental rights and consequently also no obligation of the Bremen Medical Association to enable physicians to obtain the additional title of homeopathy in future.

________________________

As several further medical associations in Germany have banned homeopathy in the same way as Bremen and were consequently also taken to court by homeopathy enthusiasts, one can be optimistic that these cases will also go against homeopathy.

4 Responses to A German court rules against homeopathy

  • The last paragraph of the article from the German Medical Journal should be read very slowly and aloud:

    The expectations presented by him – in particular, the expectation to find suitable practice representatives and to be able to sell his practice on retirement at a profit – do not justify any legal positions protected by fundamental rights and consequently also no obligation of the Bremen Medical Association to enable physicians to obtain the additional title of homeopathy in future.

    An oath of manifestation! The homeopathic doctor is only interested in his reputation and in filling his wallet. Where is the better medical care, which usually serves as an excuse for the homeopaths?

    • On what basis do you say that he is “only” interested in his wallet and reputation. Do you know this man personally? By the stroke of a pen this group decides to take away a chunk of his retirement and he shouldnt fight it? All these medical assocciations like the AMA, are just labor unions. They are predominantly concerned about keeping their virtual monopoly intact.

      • “All these medical assocciations like the AMA, are just labor unions. They are predominantly concerned about keeping their virtual monopoly intact.”
        you do know that the homeopath who sues is a member of the medical association, don’t you?

      • You do not know anything about the German Medical Association of which the Bremen Mediacal Association is part of. Please let me enlight you.

        The German Medical Association (GMA) (German: Bundesärztekammer (BÄK)), founded in 1947 and based in Berlin, is the co-ordinating body of physicians’ self-regulation in Germany.

        The purpose of the GMA is to protect, promote and maintain the health and safety of the patient and the community by ensuring proper standards in the practice of medicine. It regulates

        – ethical and professional obligations of doctors,
        – postgraduate training,
        – continuous medical education and professional development,
        – quality assurance and quality promotion in healthcare.

        https://en.wikipedia.org/wiki/German_Medical_Association

        The medical union in Germany, on the other hand, calls itself the “Marburger Bund.”

        The Marburger Bund – Verband der angestellten und beamteten Ärztinnen und Ärzte Deutschlands e. V. is a professional association and trade union for physicians in Germany and is based in Berlin.

        https://de.wikipedia.org/wiki/Marburger_Bund

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