Earlier this year, two midwives, both Catholics, won (or so they thought) a legal battle to avoid taking any part in abortion procedures. Mary Doogan and Concepta Wood, were employed as “labour ward co-ordinators” at the Southern General Hospital in Glasgow. They had lost a previous case against the NHS in Glasgow. At a judicial review at the Court of Session in Edinburgh, the judge, Lady Smith, had ruled against them, pronouncing that "Nothing they have to do as part of their duties terminates a woman's pregnancy”. In other words, their human rights had not been violated by a requirement that they supervise arrangements for abortions to be carried out, since they were not directly involved in carrying out the abortions themselves. They launched an appeal. Their counsel, Gerry Moynihan, QC told the court that since the women were part of a team, their right to conscientious objection extended to the whole of their duties, save for the provision that there was an obligation to participate in life-saving measures. He argued that there was clear legal authority that the right to conscientious objection was intended to apply to the whole team whose involvement was necessary to achieve the procedure. Mr Moynihan said that because the midwives let the administration know of their objection in advance, the health board should manage its staff as a whole to respect their right to conscientious objection. Both women registered their conscientious objection to participation in pregnancy terminations years ago, but became concerned when all medical terminations were (shockingly, surely) actually moved to the labour ward in 2007. Nationally, it seems, a small but increasing number of abortions are being transferred to labour wards in line with national policies encouraging abortion for disabled babies. Screening and offering abortion for disabled babies is regarded as a cost-effective measure, and hospitals are encouraged to offer tests for disability. The two Glasgow midwives bravely refused to have anything to do with these policies. They insisted that being called on to supervise and support staff providing care to women having an abortion would amount to ‘’participation in treatment’’ and would breach their rights under the European Convention on Human Rights. The three Edinburgh Appeal Court judges agreed. They ruled that the midwives’ right to conscientious objection (recognised in the 1967 Abortion Act) against direct involvement in “terminations” indeed meant that they could also refuse to delegate, supervise or support staff involved in abortions. "In our view”, they said, “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." Mary Doogan issued a statement:
12:33 PM
If healthcare professionals can no longer opt out of abortion, a vital pro-life witness will die. The two Glasgow midwives need our support: here’s how
These brave women have taken their cause to the Supreme Court in London. This is now a vital test case. SPUC have taken on the costs: they urgently need our financial help
William Oddie

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