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

‘Intentionally ending the life of an innocent baby does not treat any illness’

Nurses say proposed abortion legislation could mean nurses giving up jobs on conscience grounds

The Irish Times

Patsy McGarry

Proposed abortion legislation could force nurses and midwives out of a job, it has been claimed.

Campaigners for a No vote in the referendum on the Eight Amendment say the conscience clause promised by the Government in legislation if the measure passes is inadequate.

“We are concerned about freedom of conscience and have seen how Scottish midwives lost their case in the UK not to be involved in abortions,” said Mary Kelly Fitzgibbon, of Nurses for Life, a nurse, midwife and a lecturer. . . [Full Text]

INMO warns nurses could strike if pay demands are not met

RTE

Ingird Miley

Nurses and midwives could strike if their pay demands are not met with salary increases in 2019, according to the Irish Nurses and Midwives Organisation.

Speaking at its annual conference in Cork, General Secretary Phil Ní Sheaghdha said that the union is awaiting publication of a Public Service Pay Commission review of staff shortages among nurses and midwives, which is due next month.

Within the following month, the INMO is due to meet the Government to discuss implementation of the PSPC recommendations to address the difficulties with recruitment and retention.

However, Ms Ní Sheaghdha warned that, if members rejected proposals emanating from those negotiations, the INMO will ballot them for industrial action – “up to and including the withdrawal of their labour”.

An emergency motion to that effect will be debated at the conference tomorrow. . . [Full Text]

Abortion: INMO calls for conscientious objection safeguards

Nurses union has had no discussions to date with HSE about the implications of repeal

The Irish times

Barry Roche

The Irish Nurses and Midwives Organisation expects the same conscientious objection protections that exist for nurses under the Protection of Life in Pregnancy Act to be afforded to nurses and midwives in any forthcoming legislation in the event of the Eighth Amendment being repealed.

INMO director of social policy and regulation Edward Matthews said that nurses and midwives are afforded the same protections as medical practitioners when it comes to conscientious objection to carrying out a termination of pregnancy. . . [Full Text]

Loss of right to conscience costing NHS new midwives it needs

Catholic Universe-The Catholic Times

Nick Benson

Pro-life groups have claimed that the recent drop in applications to midwifery courses could be rectified by enshrining conscientious objection.

Recent figures show that there has been a 35 per cent drop in the number of applicants to midwifery courses since 2013. The Royal College of Midwives (RCM), which analysed the latest Ucas data for England, said the biggest reduction was in those aged 21 or over.

In 2013, more than 12,000 people aged over 21 applied for a midwifery course in England, but by 2017 that figure had dropped to just 6,700 – a decrease of 45 per cent. . . [Full text]