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]
Tag: Scotland
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
Court hears appeal of midwives ordered to participate in abortion services
A panel of three judges in Edinburgh is hearing arguments in an appeal by two midwives who were ordered to supervise provision of abortion in the National Health Service Greater Glasgow and Clyde region. A lower court ruled that the protection of conscience provision in the 1967 Abortion Act did not apply to them. [BBC] The case turns upon the definition of “participation,” which is not set out in the Act.
- Midwives to appeal court ruling against freedom of conscience
- Statement by Glasgow midwives after abortion judgment
- Scottish judge rules objecting midwives can be forced to facilitate abortions
- Midwives in Scotland go to court over forced facilitation of abortion
Midwives to appeal court ruling against freedom of conscience
Two midwives who were ordered to supervise the provision of abortions are appealing the decision of the Court of Session in Edinburgh against freedom of conscience.[Herald Scotland]
- Scottish judge rules objecting midwives can be forced to facilitate abortions
- Statement by Glasgow midwives after abortion judgment
Herald Scotland:
- How much conscience can the NHS afford? Columnists Sun 4 Mar 2012
- Catholic midwives lose legal fight over abortions Home News Thu 1 Mar 2012
- Midwives lose legal bid over abortions Health Wed 29 Feb 2012
- Doctors back midwives in court action Health Mon 23 Jan 2012
- Midwives’ abortion battle described as landmark case Home News Thu 19 Jan 2012