Supreme Court rules against Glasgow midwives

Midwives, Archbishop of Glasgow and SPUC react to decision announced this morning that fails to protect their right to conscientiously object to supervising abortion

Scottish Catholic Observer

Ian Dunn

The Supreme Court has ruled two Glasgow Catholic midwives cannot conscientiously object to supervising abortions performed on labour wards.

Mary Doogan and Connie Wood, the midwives in the case, commented on the ruling, releaed this morning to say the they were ‘saddened and extremely disappointed with the verdict’ and suggested it will have a substantial ‘detrimental effect’  on ‘staff of conscience throughout the UK.’

“Despite it having been recognised that the number of abortions on the labour ward at our hospital is in fact a tiny percentage of the workload, which in turn could allow the accommodation of conscientious objection with minimal effort, this judgment, with its constraints and narrow interpretation, has resulted in the provision of a conscience clause which now in practice is meaningless for senior midwives on a labour ward,” they said. . . [Full Text]

 

Should midwives opposed to abortion have the right to refuse any involvement in cases?

Landmark decision ‘could have severe impact on women’s care’, experts warn

Daily Mail

Lizzie Parry

Midwives who object to abortions could be allowed to opt out of any involvement with women who choose to terminate their unborn babies.

The UK’s Supreme Court will today hear an appeal after two Catholic midwives won a landmark case for the right to refuse any involvement in abortion procedures in 2013.

Mary Doogan, 58, and Connie Wood, 52, argued that being required to supervise staff involved in abortions was a violation of their human rights.

The women had no direct role in pregnancy terminations, but claimed they should also be able to refuse to support staff taking part in the procedures.

If the court upholds that decision it could set a legal precedent, allowing other midwives who object to abortions to take the same stance.

But the Royal College of Midwives and the women’s charity British Pregnancy Advisory Service (bpas) warned today that such a ruling could have severe implications for the care of women choosing abortions.

Ms Doogan and Ms Wood took their case against NHS Greater Glasgow and Clyde to the Court of Session in Edinburgh in 2012, but lost.

But in April last year, three appeal judges at the same court ruled their appeal should succeed.

Judges at the court will tomorrow hear an appeal by NHS Greater Glasgow and Clyde.

A spokesman for the RCM and bpas said the two bodies are ‘deeply concerned’ that the judgement ‘extends the right of conscientious objection beyond the provisions intended by the Abortion Act’. . . . [Full text]

Supreme Court of the United Kingdom to hear midwives’s case on 11 November

The Greater Glasgow Health Board has appealed to the Supreme Court of the United Kingdom to overturn a ruling that two midwives cannot be compelled to participate in abortions by delegating, supervising and supporting those involved in the procedures.  The case is to be heard 11 November, 2014.

The midwives’ legal costs have been in excess of £250,000 ($396,758 USD) to date.  The appeal is expected to cost them a further £130,000 ($206,314 USD). The Society for the Protection of Unborn Children is assisting with their legal costs and has appealed for donations.

Supreme Court of the United Kingdom

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland)

Case ID: UKSC 2013/0124

Issue

Judicial Review – Abortion – Conscientious objection – Midwives

Does s.4(1) of the Abortion Act 1967, which provides that “no person shall be under any duty… to participate in any treatment authorised by this Act to which he has a conscientious objection”, entitle a Labour Ward Co-ordinator to refuse to delegate to, supervise and/or support midwives providing care to patients undergoing termination procedures?

Facts

From the outset of their employment with the appellant health board, the respondent senior midwives, both Roman Catholics, objected to and were exempted from directly participating in the treatment of patients undergoing terminations. Following a service reorganisation, the numbers of abortions performed at the hospital where they worked increased. They sought confirmation from the appellant that they would not be required to delegate to, supervise or support other midwives providing care to such patients. The appellant declined to give this assurance, rejecting the respondents’ grievance and subsequent appeal. The respondents challenged the latter decision by way of judicial review, contending that it contravened s.4(1) of the Abortion Act 1967. They were unsuccessful at first instance but succeeded on appeal to the Inner House.

Judgment appealed

[2013] CSIH 36

Appellant

Greater Glasgow Health Board

Respondents

  1. Mary Teresa Doogan
  2. Concepta Wood

Interveners

  1. Royal College of Midwives
  2. British Pregnancy Advisory Service

 

 

Joint intervention in Carter v. Canada

Selections from oral submissions

Supreme Court of Canada, 15 October, 2014

Sean Murphy*

Introduction:
The Catholic Civil Rights League, Faith and Freedom Alliance and the Protection of Conscience Project were jointly granted intervener status in Carter by the Supreme Court of Canada.  The joint factum voiced concern that legalization of physician assisted suicide and euthanasia would likely adversely affect physicians and health care workers who object to the procedures for reasons of conscience.  The factum was supplemented by an oral submission.

Links to annotated selections from the oral submissions relevant to freedom of conscience are provided below.  In each case, readers can access the Supreme Court webcast through the linked image.  Time stamps are cited to allow the relevant section of the webcast to be located.  On the Supreme Court website, use  “full screen” view when dragging the slider button to the desired time stamp.

Joint intervention in Carter v. Canada
Joseph Arvay, Q.C. (Counsel for the Appellants)

Joint intervention in Carter v. Canada
Jean-Yves Bernard (Counsel for the Attorney General of Quebec)

Joint intervention in Carter v. Canada
Harry Underwood (Counsel for the Canadian Medical Association)

Joint intervention in Carter v. Canada
Robert W. Staley (Counsel for the Catholic Civil Rights League, Faith and Freedom Alliance, and Protection of Conscience Project)

Project intervenes in the Supreme Court of Canada

News Release

Protection of Conscience Project

Today the Protection of Conscience Project joined the Catholic Civil Rights League (CCRL) and Faith and Freedom Alliance in a joint intervention at the Supreme Court of Canada in Carter v. Canada, a case seeking the legalization of euthanasia and physician assisted suicide.

The appeal necessarily involves the issue of freedom of conscience for healthcare providers.   An indeterminate number of healthcare providers consider killing patients or assisting in suicide morally or ethically abhorrent. Their views  are consistent with the current Canadian legal framework, which would be fundamentally changed if euthanasia and assisted suicide were legalized.  Such a change in the law would generate demands that physicians and other healthcare providers directly or indirectly participate in what they consider to be gravely immoral activities.

In the event that the Supreme Court strikes down the criminal law as it relates to euthanasia or assisted suicide, the intervention urged the Court to “make clear to the legislature that any legislation in this area must protect the freedom of conscience of healthcare providers,” ensuring that “healthcare providers are not directly or indirectly coerced into becoming parties to killing patients or assisting patients kill themselves.”

In a Backgrounder on the intervention, Project Administrator Sean Murphy notes the need for robust protection for freedom of conscience among healthcare providers if the law is changed. In that case, he argues, direction from the Court will be needed “to correct a dangerous error that has become increasingly widespread: that the state or a profession may impose upon people a duty to do what they believe to be wrong – even if that means killing people.”

Elsewhere, he observes that the history of abortion law reform in Canada demonstrates that healthcare providers “cannot rely on mere promises of tolerance and respect for freedom of conscience.”

” The greater the demand for a procedure -whether the demand arises from the number of patients or from ideological rights claims –  the sooner objecting health care workers will face discrimination, harassment and coercion. ”

The intervention was presented on behalf of the interveners by Robert Staley, with the participation of Ranjan Agarwal, Jack Maslen, and Sheridan Scott, all of Bennett Jones LLP, together with CCRL President, Philip Horgan.  27 interventions were approved by the Court.

A decision is expected in the Spring of 2015.