The National Health Service of Greater Glasgow and Clyde, regional provider of state health care, will attempt to overturn an appeal court ruling favourable to freedom of conscience for health care workers by appealing to Britain’s Supreme Court. Two midwives who, for reasons of conscience, refused to participate in the supervision and support of staff providing abortions successfully appealed a lower court ruling against them. The judgement of the appeal court was given in April. [Irish Post]
Category: Lawsuits
Should medical staff be able to opt out on grounds of conscience?
Scotland Tonight looked at the issue of conscientious objection by health care workers following the successful appeal of midwives against an order to delegate, supervise, or support staff involved in providing abortions.
Discussion participants were Paul Tully of the pro-life group, Society for the Protection of Unborn Children, health journalist Pennie Taylor and employment lawyer Donald MacKinnon.
Appeal succeeds in Scotland: freedom of conscience upheld for midwives
A panel of judges of the Court of Session in Edinburgh, Scotland, has ruled in favour of two midwives appealing a 2012 decision by a judge of the same court. Lady Dorrian, Lord Mackay of Drumadoon and Lord McEwan have ruled that the midwifery sisters, Mary Doogan, and Concepta Wood, cannot be compelled to supervise the provison of abortion by the National Health Services of Greater Glasgow and Clyde.
The two women were labour ward co-ordinators at the Southern General Hospital in Glasgow and had long identified themselves as having conscientious objection to abortion. However, in 2007, when the labour ward was made responsible for abortions, they were ordered to supervise, support and delegate staff providing the procedure. They challenged the order as a breach of the European Convention on Human Rights on the grounds that it made them morally complicit in abortion by requiring their participation in the process of providing it.
The appelate judges said, “In our view the right of conscientious objection extends not only to the actual medical or surgical termination but to the whole process of treatment given for that purpose.” [Text of the ruling]
NHS Greater Glasgow and Clyde is considering an appeal of the decision. [Herald Scotland] [The Telegraph]
- Court hears appeal of midwives ordered to participate in abortion services
- Midwives to appeal court ruling against freedom of conscience
- Scottish judge rules objecting midwives can be forced to facilitate abortions
- Statement by Glasgow midwives after abortion judgment
- Midwives in Scotland go to court over forced facilitation of abortion
Appeal hearing on legalization of physician assisted suicide
An appeal against the judgement of the BC Supreme Court in Carter v. Canada (which found in favour of physician assisted suicide and the judge ordered Canada to change the law to permit it) is now underway.
The following link provides a live-feed from the BC Court of Appeal and links to the factums filed by the parties and intervenors.
New York Hospital Agrees to Respect Rights of Pro-Life Nurses
The Foundry
Mount Sinai Hospital in New York has agreed to additional policy and procedure changes to protect the conscience rights of pro-life nurses and other employees as a result of a federal investigation.
In 2009, the hospital allegedly forced a Catholic pro-life nurse to assist in an abortion in violation of the nurse’s religious beliefs. Read more . . .