Category: Legal Commentary

Labour Court clarifies freedoms of religion and conscience in healthcare sector

Wistrand International Law Office

Jörgen Larsson

Introduction

Sweden is one of the most secular countries in the world with full freedom of religion. Further, freedom of conscience is a right protected by the European Convention on Human Rights (ECHR). However, domestic law recognises no right to conscientious objection. In this respect, Sweden differs from most other European countries.

In 2017 the Labour Court clarified from an employment law perspective whether freedom of conscience gives healthcare professionals a right to conscientious objection.

Facts

A midwife expressed that her religious beliefs forbid her from performing abortion services. When she expressed her opinion, three different healthcare regions in Sweden refused to employ her. The midwife brought the case to the Equality Ombudsman, which found that her refusal to perform abortion services was a manifestation of her religious beliefs and was thus protected by Article 9 of the ECHR. The Equality Ombudsman also found that the healthcare regions’ requirement that the midwife perform abortion services was reasonable and motivated by social interests in order to secure women’s effective access to abortion services. Therefore, the midwife’s freedom of religion had not been violated. . . . Full Text

Physicians in Canada should be moral actors, not robotic bureaucrats

Doctors should not be obliged to write referrals for procedures they find morally objectionable

CBC

Brian Bird

Earlier this week, Ontario’s highest court heard a case that pits access to health care against the moral convictions of doctors. The case essentially tests the extent to which Canadians can follow their own moral compasses while operating in a professional capacity.

In Ontario, doctors can refuse to perform procedures or prescribe drugs that they consider immoral. However, the public body that regulates these doctors – the College of Physicians and Surgeons of Ontario (CPSO) – requires them to refer patients to doctors who are willing and able to provide the requested health care service. . .
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Supreme Court opines on limitations of GPs’ freedom of conscience

International Law Office

Lise Gran, Ole Kristian Olseby

The Supreme Court recently deemed that a municipality’s termination of its agreement with a general practitioner (GP) after she refused to insert an intrauterine device (IUD) for a patient for reasons of conscience relating to her religion was invalid.

Legal background

The criterion for terminating an agreement with a GP is the same as that for terminating an employment agreement under Norwegian law (ie, it must be objectively justified). . . [Full text]

Queensland demands practitioners facilitate abortion by referral

Sean Murphy*

The Termination of Pregnancy Act 2018 came into effect in Queensland, Australia, today.

The bill permits abortion up to 22 weeks gestation for any reason; no medical indications are required (Section 5).  Abortion after 22 weeks gestation may be performed for any reason that two practitioners find acceptable (Section6(1)a), including current and future “social circumstances” (6(2)b).

The bill requires disclosure of objections to abortion by a practitioner when asked by someone (not necessarily a patient) to perform or assist in the performance of an abortion on a woman, to make a decision about whether an abortion should be provided for a woman who is over 22 weeks pregnant (Section 6), or to advise about the performance of an abortion on a woman.

When a woman wants an abortion or advice about an abortion for herself, an objecting practitioner is required to refer or transfer the  care of the woman to someone or an agency willing to provide it (Section 3). 

Practitioners who object to abortion in principle and those who object in particular cases are often unwilling to facilitate the procedure by referral, transfers of care or other means because they believe that this makes them parties to or complicit in an immoral act.  Thus, the provision for conscientious objection in the bill actually suppresses the exercise of freedom of conscience by these practitioners.

New euthanasia/assisted suicide law in Australia

Victoria’s Voluntary Assisted Dying Act 2017

Sean Murphy*

Introduction
On 19 April, 2018, the legislature of the State of Victoria, Australia, passed the Voluntary Assisted Dying Act 2017, which will come into force in June, 2019.  It is currently the most restrictive euthanasia/assisted suicide (EAS) legislation in the world, running to 130 pages.  In brief, the law authorizes physician assisted suicide for terminally ill adults, but permits euthanasia by physicians only when patients are physically unable to self-administer a lethal drug.  In both cases a permit must be obtained in advance.  The main elements of the law are set out below, followed by consideration of its protection of conscience provisions. . .  [Full Text]