Rejected due to cancer: The Rector prevented

She has been elected rector of a university and can not compete because she had cancer: The case of Renate Lieckfeldt reignited the debate over whether such a decision is ethical. By Friederike Ott

Renate Lieckfeldt. The elected Rector of the HTWK in Leipzig may not compete in their office

They had hung up banners, dedicated musicians and protested with a megaphone in front of the university. 24 hours were up to 50 students, the Rector of the University of Technology, Economy and Culture (HTWK) occupied in Leipzig. On Thursday morning at seven clock the protest was over. They wanted to draw attention to the fate of their newly elected Rector Renate Lieckfeldt. You should not take up their posts - because of cancer. Here, the illness is over.

Wanted Lieckfeldt was elected in January and quickly announced that she would bring forward the Institute internationally, top executives commit and invest money. Full of beans would be the Rhinelander, currently a professor in Gelsenkirchen, get to work. However, they were also known to have had cancer, she overcame in 2010. For the Saxon Ministry of Science was reason enough to deny her the position she eigentich on 1 Was supposed to start in May

The Ministry of Science keeps the relapse risk was too high and refers to the Civil Service Law. "Does not meet the requirements Lieckfeldt woman to take up the post of Rector," says a spokeswoman. "We comply with the law. We are, unfortunately, because hands are tied."

The student brings up the wall. "We think the decision is discriminatory," a spokesman of the Student Council of the action HTWK founded in conversation with stern.de. "Mrs. Lieckfeldt was democratically elected, it can not be that easy to get over is a ministry."

"The ministry's hands are not bound"
Tolmein Oliver, a lawyer specializing in medical law on anti-discrimination law at the Hamburg law firm "and human rights", believes this argument hold water for much. "The fact that the ministry's hands are tied is incorrect," he says. "If the state of Saxony wanted tenure Lieckfeldt woman, it would quite clearly the way to do it."

While playing in the examination of medical fitness for whatever the officials forecast an important role in whether someone is fit for duty or not. Yet, says the lawyer for the scientist is a relatively good chance in court with an appeal against the decision win. "Cancer patients usually get a disabled badge, which is at least valid for five years, even if the disease does not break out again," he explains. Lieckfeldt also has a disabled badge. At the moment the scientist was not ill, but disabled. The obstruction lies in the fact that the cancer may erupt again. "If someone not tenured because of his disability, the discrimination and prohibited by the Equal Treatment Act," said the lawyer. In addition, the Social Code obliges the state even severely disabled people to employ as officials.

Smokers and drinkers should also be excluded from the tenure?
However, beyond the existing law case raises the question whether it is ethically justifiable to deny someone a job that only exists because the risk of disease. Margot Kaessmann was about Council of the Evangelical Church in Germany, although three years she had been diagnosed with breast cancer. Why should different rules apply for state employees, even though all private and public employers are required by more than 20 employees use to deal also with disabilities? And should also smokers, drinkers and motorcycle riders are excluded from tenure, because there is a risk that they do not remain fit for duty during the tenure time?

Anyway, the students believe the HTWK that are still other reasons behind the cancellation. You suspect that the university professor is uncomfortable to the Ministry. Lieckfeldt had already forced her election as Rector legally after the first election a year ago, only one candidate was nominated. When re-election, she sat down earlier this year against the other candidates.

That such waves would beat her case has not Lieckfeldt suspected. She had spoken with the media to make their case to the attention. But the headline, they wanted to complain to the office if necessary, then it was too confrontational. After all, was Minister of Schorlemer Sabine (Independent) The scientist invited to an interview in the first week of May, which adopted them. Therefore Lieckfeldt wrote on Wednesday evening in an email to the Ministry that they will not talk to the meeting with the Minister with the press. "There should be a gesture," she said yesterday. You would not heat up the atmosphere further, a lawsuit was a last resort. They would much prefer to agree peacefully.