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]

Swedish midwife denied employment for being pro-life

ADF files brief with Swedish court after three different clinics won’t consider woman because of her beliefs

News Release

Alliance Defending Freedom

JÖNKÖPING, Sweden – Alliance Defending Freedom has filed a friend-of-the-court brief with the district court of Jönköping County Council in Sweden on behalf of a midwife whom three different medical clinics denied employment because she will not assist with abortions.

“No one deserves to be denied a job simply because she is pro-life,” said ADF Senior Legal Counsel Roger Kiska. “International laws to which Sweden is obligated recognize freedom of conscience and make clear that being pro-abortion cannot be a requirement for employment, nor can medical facilities force nurses and midwives with a conscience objection to assist with practices that can lead to an abortion.”

In November 2013, Höglandssjukhuset women’s clinic rescinded a job offer as a midwife from Ellinor Grimmark after she explained that she could not perform abortions because of her Christian faith. The head of the maternity ward left her a telephone message saying that “she was no longer welcome to work with them” and questioned “whether a person with such views actually can become a midwife.” A few months later, Grimmark tried to obtain employment with Ryhovs women’s clinic, which told her that a person who refuses to perform abortions does not belong at a women’s clinic.

In January, Värnamo Hospital’s women’s clinic offered Grimmark a job but then withdrew employment because of the complaint she filed against Höglandssjukhuset in April. The group Scandinavian Human Rights Lawyers represents Grimmark in court.

The ADF brief in Grimmark v. Landstinget i Jönköpings Län explains that the Parliamentary Assembly of the Council of Europe has affirmed that “no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or euthanasia or any act which could cause the death of a human foetus or embryo, for any reason.”

As the brief also explains, “The Grand Chamber of the European Court of Human Rights has itself explicitly affirmed rights of conscience for sincerely held religious and moral beliefs as falling within the gambit of Article 9 of the Convention.”

“Willingness to commit an abortion cannot be a litmus test for employment,” added ADF Legal Counsel Paul Coleman. “Medical centers need to respect the desire and conviction of a midwife or nurse to protect life – a desire that very likely led her to pursue the profession in the first place.”

  • Pronunciation guide: Kiska (KISH’-kuh)
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Swedish midwives must provide abortions even if they object

Smålandsnytt

Caution: machine assisted translation

Ellinor Grimmark denied job – was not discriminated against

It was not discriminatory of Jönköping County Council to deny Ellinor Grimmark the job of midwife when she refused to perform abortions. Thus says the Equality Ombudsman in dismissing the case.

The midwife Ellinor Grimmark felt discriminated against because of her faith, but after investigation the Discrimination Ombudsman (DO) felt that not to be the case.

“It was quite expected, I did not think the Swedish Equality Ombudsman would dare bring it up,”  Ellinor Grimmark told Smålandsnytt.

According to the DO, the County Council of Jönköping did not deny Ellinor Grimmark employment because of her beliefs in themselves, but because she was not prepared to carry out a task which is part of midwifery.

Although this had serious consequences for Ellinor Grimmark, this was proportionate to the aim of guaranteeing the rights and freedoms of others, thought the DO.

Today,  Ellinor Grimmark is working as a nurse in California, but will soon start working as a midwife in Norway, where it is possible for a midwife to refrain from participating in abortions.

But I intend to pursue this further.  We are just a short way down this  road,” she says.

However, the DO’s decision cannot be appealed, and the case is closed. [Original Swedish text]

Midwife ordered to pay $17,000 after opposing abortions at her hospital

LifeNews

Natalia Dueholm

How much does the truth cost?  For a Polish midwife, it could cost up to 50,000 złotych (approximately $17,000).

The management of a private Polish hospital has threatened legal action against Agata Rejman, a midwife, after she discussed abortions performed at the Specialist Hospital Pro-Familia (right) in Rzeszów.

Rejman’s legal troubles began after a January 2014 press conference organized by Senator Kazimierz Jaworski.  During the conference, Rejman described her anguish after having to participate in abortions at the hospital.
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