Another Christian ‘persecution’ case fails

A SCOTTISH court has ruled against two Catholic midwives who claimed that their religious rights had been violated by the Greater Glasgow and Clyde NHS.

According to the BBC, Mary Doogan, 57, and Concepta Wood, 51, claimed they were being forced to supervise staff taking part in abortions. But judge Lady Smith, at the Court of Session, said:

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.

Mary Doogan and Concepta Wood

The midwifery sisters were employed as labour ward co-ordinators at the Southern General Hospital in Glasgow, although Ms Doogan has been absent due to ill health since March 2010 and Mrs Wood has transferred to other work due to the dispute.

The health board maintained that the Abortion Act did not confer on the midwives any right to refuse to delegate, support or supervise staff providing nursing care for women going through abortions.

The midwives, whose case was bankrolled by the Society for the Protection of Unborn Children, claimed that the health board decision also breached their rights under Article 9 of the European Convention on Human Rights which guarantees the right to freedom of religion.

But Lady Smith said she was not satisfied that their Article 9 rights were being interfered with.

She said their right of conscientious objection was not unqualified and they had agreed to take up the roles of labour ward co-ordinators, although they now took objection to the job content.

The judge added:

In any event, the nature of their duties does not in fact require them to provide treatment to terminate pregnancies directly.

A spokeswoman for the health board said:

NHS Greater Glasgow and Clyde recognises the absolute right of staff to conscientiously object to participate in treatments authorised within the Abortion Act 1967. We are fully supportive of staff who hold a position of conscientious objection and make every effort to accommodate them, however at the same time we have an unequivocal duty of care to ensure the safety of our patients and as such we must balance this responsibility with the rights of the conscientious objector.

Paul Tully, general secretary of the Society for the Protection of Unborn Children (SPUC), said:

We are very disappointed by the judgment. SPUC has supported the midwives in bringing their case, and will now be considering their further legal options with them.

In a statement issued after the case, Doogan said:

Neither Connie nor I stand in judgement of any woman who chooses to terminate her pregnancy for whatever reasons. We are more than aware of the difficult choices that some expectant mothers may be faced with in a crisis pregnancy.

However, in holding to the view that life should be protected from conception to natural death, neither do we wish to be judged for exercising what is our legal right to refuse to participate in the process of medical termination of pregnancy.

 Hat  tip: Agent Cormac & Angela Kingdom