Yannic Hendricks

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Yannic Lukas Hendricks , pseudonym Markus Krause (* 1990 ), is a German anti- abortion opponent and political activist who, with numerous advertisements against doctors for alleged advertising for the termination of pregnancy ( Section 219a StGB ), was instrumental in a significant increase in the number of investigations from 2015 to 2018 concerned about this offense. His criminal charges against doctors were a major trigger that since 2017 an abolition or reform of this paragraph has been increasingly publicly discussed. Hendricks fought unsuccessfully with legal action against the mention of his real name by BuzzFeed News and other media.

Career

Hendricks comes from Kleve , where he graduated from high school and studies mathematics at the University of Duisburg-Essen .

Anti-abortion activity

In interviews that Hendricks gave under his pseudonym, Hendricks described it as his hobby of showing doctors who list abortion as part of their range of services on the practice's website . He sees it as advertising for the termination of pregnancy and thus a violation of § 219a StGB. He started in 2015, by spring 2018 he had reported 60 to 70 reports. In addition, he usually turned to the responsible state medical association with the request to examine possible consequences under civil law. He lodged several complaints with the press council about articles from various media relating to § 219a. Hendricks, who is unmarried and wants to avoid premarital intercourse , has never communicated with an unwanted pregnant woman, according to interviews. Since he cannot get pregnant as a man, he believes he can deal with it objectively. Even in the event that “the fertilized egg cells implant itself in the ovaries instead of in the uterus”, the unborn life “should be protected as far as possible”.

Cases of investigation on "advertising for the termination of pregnancy" (§ 219a) in Germany as a whole (Hendricks began in 2015 to submit advertisements pursuant to § 219a)

According to the Neue Zürcher Zeitung, Hendricks, together with Klaus Günter Annen , a pensioner from Weinheim who describes himself as a “life rights activist” , brought the “long time little noticed” § 219a attention. By 2017, affected doctors were usually able to prevent litigation by removing the information from their website. According to § 219a, all reports throughout Germany can be traced back to the two men from Kleve and Weinheim, between whom, according to Deutschlandfunk, there is no cooperation.

According to research by BuzzFeed News et al. a. Based on a request from Cornelia Möhring , the law enforcement authorities received 104 reports of § 219a between 2010 and 2016 , 65 of which were due to Klaus Günter Annen. While there were a total of sixteen advertisements in Germany in the three years from 2012, the number of advertisements increased significantly from 2015, when Hendricks stated that he took up his “hobby”. In 2016 alone there were 35 investigations. In 2012, 2013, 2015 and 2017 there was one conviction each, in 2012 and 2013 without any measure being imposed .

According to the criminal law expert Udo Vetter , Paragraph 219a of the Criminal Code is one of the few for which judgment databases do not throw a single criminal judgment . In the current literature there is only one judgment of the Bayreuth Regional Court , which was later confirmed by the Bamberg Higher Regional Court . According to the regional court in Giessen , Section 219a of the Criminal Code had no meaning at all in criminal law practice until a few years ago: “The legal peace that had occurred was not disturbed by the law enforcement authorities ... Fundamentalist advocates of priority protection for unborn life reject the compromise found for pregnancy conflict cases in general and use the sideline of Section 219a of the Criminal Code to hunt down physicians who are unconsciously and now consciously violating the sometimes misleading provision of the 'advertising ban' and are thus forcing an increasing number of criminal proceedings ”. The content of § 219a introduced in 1974 goes back to § 220 RStGB introduced in 1933 .

The conviction in autumn 2017, which was lifted for renegotiation in July 2019, was the most prominent: the case of the Giessen general practitioner Kristina Hänel reported to the public prosecutor by Hendricks was reported nationwide . After Hendricks' complaint, Hänel refused to remove the information from her practice homepage that she was performing abortions in her practice. The prosecution had initially set the proceedings, only after a regulatory complaint from Hendricks to the attorney general did they start the investigation. After Hänel refused to remove the information from its website, Hendricks requested 1 & 1 Ionos to block the doctor's domain. The web host rejected this with reference to "the final, unambiguous assessment of the factual and legal situation that is not possible on this side".

An advertisement by Hendricks against the two Kassel gynecologists, Nora Szász and Natascha Nicklaus, attracted additional national attention. On their practice homepage they have the indent "Abortion, surgical or medication with Mifegyne " in the list of outpatient operations they have carried out. The two gynecologists refused, citing the patients' right to information, to remove the six words from their website. The trial was suspended by the Kassel District Court ; the two were acquitted in July 2019.

reception

Billboard at the Rote Flora in Hamburg-Sternschanze . (February 2019)

The television presenter Jan Böhmermann asked the question: "We carry out, talk 'to Paragraph 219a so because of bored Internet losers feel the personal satisfaction when combined with strategic Criminal Show [sic] ? Can harass women in emergency situations" Even the satirical magazine Titanic took on Hendricks in an article reference. The RBB transmitter Fritz discussed Hendricks' views on 11 April 2018, one-hour program with many listeners.

Publication of the real name

Unsuccessful action against Kersten Artus

In the summer of 2018, Hendricks, represented by the law firm Ralf Höcker , requested by means of a 33-page warning from the journalist and chairman of Pro Familia Hamburg Kersten Artus not to publish his real name . Artus had linked press reports with Hendricks' real name on her blog and also named him on Facebook . Arthur rejected the warning through her lawyer; Hendricks is "one of the central protagonists" in the "very extensive" public discourse on § 219a, which has been going on for several months. In addition, he himself sought the public with interviews for various media and described numerous personal details "which enable identification without further ado" ; "The mention of the name" is therefore "unquestionably permissible". In addition, Artus deposited protective letters with the regional courts in Hamburg , Cologne and Berlin .

Artus' first trial at the Hamburg Regional Court took place on March 15, 2019. Hendricks did not appear. Arthur was confident that the court would allow her to continue using Hendricks' name. The judge said during the trial that Hendricks himself went public and disclosed personal information in interviews. He had thus essentially contributed to the political discussion about § 219a. On April 26, 2019, the Hamburg Regional Court dismissed Hendricks' injunction against the Hamburg chairwoman of Pro Familia. Reproduction of a poster with a drawing depicting Hendricks is also permitted. The decision was initially not final, Artus ultimately won the process (as of November 2019).

A Freiburg student and volunteer at a women's shelter was also warned by Hendricks for two Twitter tweets in which she mentioned his real name. She announced that she would also reject the warning. The Cologne monthly SoZ also rejected a warning from Hendricks. Hendricks' attorney's assertion that Hendricks was unknown to the public contradicts his interviews, in which he sought the light of the public. As a result, his name was in other national media disseminated . According to research by t-online.de , the Heinrich Böll Foundation , which is closely related to the Greens , had already published Hendricks' real name in June 2018. She had not been warned because, according to lawyers, it is a true factual assertion.

Unsuccessful action against BuzzFeed News

In January 2019, with regard to freedom of the press, the Düsseldorf Regional Court rejected Hendricks' application to prohibit BuzzFeed News from mentioning his real name by means of an injunction . The decision was reported in several media. Hendricks laid appeal , but withdrew it after a negative decision of the Higher Regional Court of Dusseldorf back. "After he clearly positioned himself in the debate about the advertising ban from §219a StGB, he had to expect that the press would deal with it critically, whereby he has no right to be presented in public just like him sees himself or wants to be seen by others [...] ”, decided the judges.

For Tobias Gostomzyk, professor of media law at the TU Dortmund , Hendricks' claim to anonymity does not match his behavior. Hendricks did not report isolated doctors, but ran a systematic advertising campaign against doctors for years and also gave interviews to national media. "Anyone who is publicly active has to put up with the fact that others discuss their behavior appropriately." For Jan Hegemann, honorary professor for civil law at the Free University of Berlin , Hendricks also acts in the social sphere in the public opinion battle. But whoever takes part in the "opinion warfare" "in this form" has "no longer any claim to anonymity in his opinion."

In March 2019, the German Press Council declared that it considered the mention of the real name Hendricks in the Berliner Tageszeitung to be harmless.

In the course of reporting on the lawsuits against the public naming of his real name, the latter became known to a broader mass on social media such as Twitter. This is also known as the Streisand effect .

Web links

Commons : Yannic Hendricks  - Collection of Images

Individual evidence

  1. ↑ a b c Buzzfeed can name anti-abortionists. Deutschlandfunk , January 16, 2019, accessed on January 18, 2019 .
  2. ↑ a b Helene Flachsenberg: He reports doctors for abortion information - and stands for everything that goes wrong in the debate about 219a . In: Bento . April 13, 2018.
  3. ↑ a b c d e Self-appointed life protectors against gynecologists. Deutschlandfunk Kultur , April 9, 2018, accessed on November 6, 2018 .
  4. ↑ Thomas Richter: Duisburg traffic jam researcher relocates lecture to motorway bridge. Westdeutsche Allgemeine Zeitung from July 4, 2014
  5. ↑ Ulrike Baureithel: Dangerous showmanship . In: Friday . 16/2018.
  6. ↑ a b c Gaby Mayr: "As a man, I can deal with the topic objectively". In: The daily newspaper . April 11, 2018, p. 14 , accessed November 6, 2018 .
  7. ↑ a b Dinah Riese: The known unknown . In: The daily newspaper . November 14, 2018, p. 7.
  8. ^ A b Juliane Löffler, Pascale Müller : So often so-called "life protectors" abuse the Nazi paragraph 219a . In: BuzzFeed . February 25, 2018.
  9. ↑ Police crime statistics 2017 . In: Federal Criminal Police Office . May 8, 2018.
  10. ↑ a b Valerie Zaslawski: "My stomach belongs to me" was yesterday . In: Neue Zürcher Zeitung . October 16, 2018.
  11. ↑ Doctor remains condemned for information about abortion - what that means in 5 explanations . In: watson . October 12, 2018.
  12. ↑ "That's just my hobby" - Just report it . In: WDR 5 . April 26, 2018.
  13. ^ Criminal charges for advertising the termination of pregnancies in the last five years (written question from Cornelia Möhring ) In: German Bundestag . September 9, 2017.
  14. ↑ Udo Vetter : An old paragraph, so far no judgments . In: lawblog.de . November 24, 2017.
  15. ↑ Bayreuth Regional Court, ruling. January 13, 2006, Az .: 2 Ns 118 Js 12007/04
  16. ↑ a b Tanja Podolski: Oh, how good that nobody knows… . In: Legal Tribune Online . January 16, 2019.
    Judgment on Az. 3 Ns - 406 Js 15031/15 . In: Regional Court of Giessen . October 12, 2018.
  17. ↑ Federal Law Gazette of June 21, 1974 , PDF file, p. 2
  18. ↑ § 220 , lexetius.com
  19. ^ History of the origin of § 219a StGB . In: Scientific Services . December 8, 2017.
  20. ^ Judgment against doctor Kristina Hänel overturned. Time online from July 3, 2019
  21. ^ Wiebke Ramm : Kristina Hänels honorary title . In: Spiegel Online . October 12, 2018.
  22. ↑ Heidrun Helwig: Gießen: Appeal of Kristina Hänel rejected - doubts about paragraph 219a remain . In: Gießener Anzeiger . October 12, 2018.
  23. ↑ Diana Riese: 219a: New Indictment . In: The daily newspaper . August 8, 2018, p. 6
  24. ↑ a b Annabelle Seubert: "It should happen again in secret". In: böll. Heinrich Böll Foundation , accessed on November 6, 2018 (edition 2/2018).
  25. ↑ Martin Wortmann: Paragraph 219a: Confusion and political dispute . In: Doctors newspaper . August 31, 2018.
  26. ↑ Bodo Weissenborn: Advertising for abortion? "The accusation is absurd" . In: hessenschau.de . August 28, 2018.
  27. ↑ Dinah Riese: The judge is waiting for politics. the daily newspaper of 10 January 2019
  28. ↑ zeit.de July 5, 2019: Court closes proceedings against gynecologists (Az .: 284 Ds - 2660 Js 28990/17)
  29. ↑ Timo Stein: The watson guide to the abortion debate about paragraph 219 . In: watson . April 12, 2018.
  30. ↑ Interview: The man who can't be deleted on Facebook . In: Titanic . April 18, 2018.
  31. ↑ Claudia Kamieth: How far can a man have a say on the subject of abortion? (mp3) In: Fritz Radio. April 11, 2018, archived from the original on February 22, 2019 ; accessed on December 15, 2019 (only women were expressly invited to the discussion.).
  32. ^ Jana Werner: New stage in the debate about the advertising ban for abortions . In: The world . 2nd August 2018.
  33. ↑ Marthe Ruddat: Hamburg court adjourned decision: Gloomy prospects for anti-abortionists . In: The daily newspaper: taz . March 15, 2019, ISSN  0931-9085 ( taz.de [accessed March 20, 2019]).
  34. ↑ Pro-Familia chairperson may also name abortion givers , Legal Tribune Online , report from April 26, 2019.
  35. ^ Defeat for anti-abortion opponents before Hamburg district court. In: Abendblatt.de . April 26, 2019.
  36. ^ Judgment in Hamburg: activist can name anti-abortionists by name. Hamburger Morgenpost from April 26, 2019
  37. ↑ Marthe Ruddat: Feminist indicates misogynists. the daily newspaper of November 14, 2019
  38. ^ A b c d e Lars Wienand: This abortion activist does not want to be called by name . In: t-online.de . November 11, 2018.
  39. ↑ Angela Klein: "Lebensschützer" . In: SoZ . No. 11/2018.
  40. ↑ a b Juliane Loeffler: Yannic Hendricks reports doctors who violate 219a, but wants to remain anonymous. BuzzFeed , November 6, 2018, accessed November 6, 2018 .
  41. ↑ 9punkt - The Debattenrundschau - Society . In: Pearl Divers . 7th November 2018.
  42. ↑ Chris Köver: Kampf um 219a: The media are allowed to call Yannic Hendricks by name , Netzpolitik.org , January 16, 2019
  43. ↑ 'Buzzfeed' is allowed to publish the name of anti-abortion opponent Yannic Hendricks , Vice Germany , January 16, 2019
  44. ↑ Christian Rath: You can call him by name , taz.de , January 16, 2019
  45. ↑ Florian Brand: Ausnahmrickst , Neues Deutschland , January 17, 2019
  46. ↑ Juliane Loeffler: Yannic Hendricks withdraws his appeal against BuzzFeed News - we will continue to use his name. Retrieved May 16, 2019 .
  47. ↑ Anti- abortion opponent Yannic Hendricks appeals against BuzzFeed News because we mention his name. Buzzfeed, February 20, 2019, accessed February 22, 2019 .
  48. ↑ Juliane Loeffler: Yannic Hendricks withdraws his appeal against BuzzFeed News - we will continue to use his name. Retrieved May 16, 2019 .
  49. ↑ René Martens: When a broadcaster rents camels. Norddeutscher Rundfunk from March 26, 2019
personal data
SURNAME Hendricks, Yannic
ALTERNATIVE NAMES Hendricks, Yannic Lukas (full name); Krause, Markus
BRIEF DESCRIPTION German anti-abortion opponent and political activist
DATE OF BIRTH 1990