Tag: Alliance Defending Freedom

Lawyers to UN: Forcing nurses to assist abortions violates international law

 Parallel meeting in Geneva on 12 March

News Release

Alliance Defending Freedom

ADF International will hold a parallel event at the 28th session of the United Nations Human Rights Council in Geneva Thursday to call upon European nations to respect the fundamental right to freedom of conscience within the medical profession. Two ADF International lawyers will speak at the event and will be available for media interviews.

ADF International, in coalition with Scandinavian Human Rights Lawyers, will urge the UN Human Rights Council and the international community at large to confront the lack of protections for freedom of conscience in several European countries. Although this fundamental human right is protected under international and European human rights law, a growing trend – particularly within the medical profession – is to override it. As a result, doctors, nurses, and midwives are being fired for refusing to perform or partake in abortion procedures.

“No one deserves to  be denied a job simply because they are pro-life,” said Ruben Navarro, ADF International’s director of UN Advocacy-Geneva, who will speak at the event. “International law makes it 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.”

At the event, Ruth Nordström, president of Scandinavian Human Rights Lawyers and lead counsel in the case Grimmark vs. Jönköping City Council, will discuss the lack of conscience protections under Swedish law.

“Sweden has failed to develop a comprehensive and clear regulation that defines and regulates conscientious objection at the workplace, in particular for health care providers,” Nordström explains. “Swedish medical workers are being reprimanded, repositioned, fired, and put at a disadvantage in other ways as well. Their freedoms under international treaties are being violated.”

“Willingness to commit an abortion cannot be a litmus test for employment,” added ADF International Senior Legal Counsel and Director of UN Advocacy Paul Coleman. “Medical clinics and hospitals need to respect the desire and conviction of a midwife or nurse to protect life – a desire that led Ellinor Grimmark and others like her to pursue the profession in the first place.”

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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Mt. Sinai Ends Forced Abortion-Participation Policy

 News Release

Alliance Defending Freedom

A newly completed U.S. Department of Health and Human Services investigation of New York’s Mt. Sinai Hospital has resulted in additional policy and procedure changes to ensure that medical personnel are not forced to participate in abortions. Alliance Defending Freedom attorneys representing a Mt. Sinai nurse requested the HHS Office of Civil Rights investigation after the hospital forced her to assist in an abortion in violation of her religious beliefs in 2009.

The changes come in addition to a new policy the hospital adopted after Alliance Defending Freedom attorneys filed a lawsuit on behalf of the nurse, Cathy Cenzon-DeCarlo.

“Pro-life medical personnel shouldn’t be forced to participate in abortions, and the new policies and procedures at Mt. Sinai reflect that,” said Senior Legal Counsel Matt Bowman. “The hospital seems to have decided to do the right thing and respect the conscience rights of its employees, who are protected by both federal and state law. We will continue to monitor the situation to make sure that the new policy is followed.”

Mt. Sinai’s policy revision states, “It is the legal right of any individual to refuse to participate in these procedures.” The policy applies regardless of whether the abortion is classified as an elective or emergency procedure and provides a process for “alternative coverage” in the event a staff member opts not to participate.

As a result of the HHS investigation, Mt. Sinai agreed to go further by putting in writing that it will abide by federal conscience protection laws, train employees about the hospital’s obligation to those laws and how to properly keep records of those who are objecting or not objecting to participating in abortions, and update a Human Resource policy to state that the hospital will not engage in any form of employment discrimination based on an employee’s refusal to participate in an abortion.

Administrators at Mt. Sinai Hospital threatened DeCarlo with disciplinary measures in May 2009 if she did not honor a last-minute summons to assist in a scheduled late-term abortion. Despite the fact that the patient was apparently not in crisis at the time of the surgery, the hospital insisted on her participation in the procedure on the grounds that it was an “emergency,” even though the procedure was not classified by the hospital as such. The hospital has known of the Catholic nurse’s religious objections to abortion since 2004.

Alliance Defending Freedom attorneys asked HHS to investigate in March 2010 and filed, together with lead counsel and allied attorney Joseph Ruta, the lawsuit Cenzon-DeCarlo v. The Mount Sinai Hospital in Kings County Supreme Court the following month. The lawsuit argues that Mt. Sinai violated state conscience laws as well as state laws against religious employment discrimination and intentionally inflicting emotional distress on an individual. The suit, which is still ongoing, also includes five other claims based on DeCarlo’s coerced participation in the abortion. A federal court dismissed Cenzon-DeCarlo’s federal suit filed in July 2009.

 

They Said “No”

What happened when 12 nurse refused to help their hospital perform elective abortions

New Jesey, USA
Sept-December, 2011

Alliance Defending Freedom

Nurses in a big city hospital never know what a day’s shift will bring – straightforward cases or medical miracles, major crises or minor first aid. Whatever her station, whatever the duty of the moment, a nurse tries to ready herself for anything. But some things, you just can’t see coming.

It was Beryl Otieno Ngoje’s turn to work the desk in the Same Day Surgery Unit at the University of Medicine and Dentistry of New Jersey (UMDNJ), in Newark. She was busy with the usual administrative duties – filing charts, handing out forms to the patients, answering visitors’ questions – when another nurse hurried up beside her. . . [Read on]