Abstract
This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4(1) of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater Glasgow and Clyde Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research.
Highlights
In 69% of the world’s developed countries, induced termination of pregnancy is available on demand with an estimated 56 million abortions taking place in 2014 (Gutmacher Institute 2018)
Section 4(1) of the 1967 Abortion Act provides that no one is under any duty to participate, contrary to his or her conscience, in any treatment authorized by the Act, the exemption does not apply where treatment “is necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant woman” (Abortion Act, Section 4(2))
The question posed by the courts as to whether these midwives could be required to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy does not appeared to have taken into account the unique position of the senior midwife in labor ward
Summary
The judges established that, “it will immediately be apparent that the question in this case, and the only question, is the meaning of the words ‘to participate in any treatment authorised by this Act to which he has a conscientious objection’” (Greater Glasgow Health Board (Appellant) v Doogan and Another (Respondents) 2014) In their judgement, the changes in abortion provision were much more clearly articulated than in any of the previous hearings. As the nature of their job demands the senior midwives’ involvement, they clearly are considered in canon law to be accomplices
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