Two Christian midwives who lost their case after they refused to supervise abortions have now launched an appeal against the decision.
The midwives, Mary Doogan and Mrs Connie Wood, lost their case against Southern General Hospital in February 2012, after they attempted to challenge a policy introduced by the hospital requiring midwives to help with abortions, regardless of their religious convictions.
The midwives argued that they had a right to refuse to direct or assist other midwives performing abortions due to the conscience clause in the Abortion Act 1967.
The case arose after the hospital imposed an obligation on midwives to watch over, and sometimes assist with, late abortions. The two midwives, who had served for over 20 years at the hospital, were unable to persuade the hospital to uphold their right to opt-out during the statutory grievance procedure.
They felt that the hospital was asking them to be “morally, medically and legally responsible for abortions.”
Legal Challenge
The midwives challenged Greater Glasgow and Clyde Health Board in Court, claiming that the refusal to recognise their entitlement to conscientious objection was unreasonable, violating their freedom of conscience and religion under Article 9 of the European Convention on Human Rights.
Their petition to the Court of Session in Edinburgh stated: "They hold a religious belief that all human life is sacred from the moment of conception and that termination of pregnancy is a grave offence against human life."
Yet the Court ruled that the midwives’ role was not covered by the conscience opt-out in the Abortion Act.
The midwives are being supported by the Society for the Protection of Unborn Children in their appeal.
Comment
Andrea Minichiello Williams, CEO of Christian Concern, commented:
"The courts must uphold the right of midwives to opt-out of abortions in order to protect religious freedom. If not, there will be an invisible bar on Christians entering the nursing profession.
“Many people, whether they have religious convictions or not, are deeply disturbed at the practice of terminating unborn children. Nobody should be forced to participate in any way whatsoever.”
Source
Resources
Christian Concern: Religious Freedom