Supreme Court hears 'abortion conscience' case

A landmark case involving two Scottish midwives seeking exemption from any involvement in abortion has been heard by the UK’s Supreme Court today.

The outcome could have implications for the ability of the NHS to provide abortions in some parts of the UK.
 

‘Conscience protection from indirect involvement’

Mary Doogan and Concepta Wood worked as labour ward co-ordinators at a hospital in Glasgow. They were not directly involved in providing abortions but were required to supervise staff that were.

Under the 1967 Abortion Act, individuals have a right not to participate in the provision of abortion if they have a conscientious objection to it.

The Roman Catholic midwives had notified hospital authorities of their conscientious objection a number of years ago but when, in 2007, all patients seeking medical abortions were moved to the labour ward, they became newly concerned.

They argued that, given their belief that abortion is wrong, they should not be forced to facilitate the process in any way and so should not be required to delegate, supervise or support staff involved in the provision of abortion.
 

‘Conscientious objection extends … to the whole process’

In 2012, the Court of Session in Edinburgh ruled against them, with judge Lady Smith saying:

"Nothing they have to do as part of their duties terminates a woman's pregnancy.

"They are sufficiently removed from direct involvement as, it seems to me, to afford appropriate respect for and accommodation of their beliefs."

However, last year, an appeal court overturned the ruling saying:

“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."

Now the NHS Board involved has appealed the case to the UK’s highest court where it has been heard today by five Supreme Court justices, sitting in London.
 

‘Abortion undeliverable’

Both the UK’s largest abortion provider, BPAS, and the Royal College of Midwives are supportive of the appeal, claiming in a joint statement:

"If this decision is upheld it will require all professional guidance to be rewritten and will enable a tiny number of staff opposed to abortion to make women's care undeliverable in some NHS settings in the UK."

Judgment in the case is not expected until next year.
 

Related Coverage:
Midwife abortion objection case heard at Supreme Court (BBC)
 

Related Stories:

Victory for Catholic midwives in abortion conscience case Two Catholic midwives have won the right to be exempt from involvement in abortion procedures following a ruling by an appeal court in Scotland. Read more