Midwives and other healthcare professionals have no statutory right to conscientious objection
Northern Ireland midwives who object to providing abortion care have been advised by their professional body to inform their management as soon as possible.
The new arrangements mean that women will not be criminalised for seeking an abortion and midwives and other healthcare professionals will not be criminally prosecuted for providing abortion services.
However, the Royal College of Midwives (RCM) said that at the moment, “midwives and other healthcare professionals continue to have no statutory right to conscientious objection”. . . . [Full text]
Northern Irish GP’s warning comes after abortion decriminalised in Northern Ireland
Hundreds of healthcare professionals in Northern Ireland will refuse to be involved in services which carry out abortions, a doctor has warned.
Abortion has long been illegal in Northern Ireland in almost all circumstances – including rape and incest – but the procedure was decriminalised in Northern Ireland on Tuesday.
Andrew Cupples, a Northern Irish GP who is strongly opposed to the liberalisation of abortion laws, has said a number of healthcare professionals have personally told him they would leave their jobs if they were made to carry out an abortion. . . [Full text]
Marie-Louise Connolly, Catherine Smyth
Hundreds of health professionals have written to the NI secretary expressing opposition to the liberalisation of NI’s abortion laws.
The doctors, nurses and midwives say their consciences will not allow them to stay silent on the issue.
They want reassurance as “conscientious objectors” that they will not have to perform or assist abortions.
Unless the NI assembly is restored by 21 October, restrictions on abortion in NI will be drastically reduced. . . . [Full text]
Midwife voices fear for conscientious objectors if NI legislation changes
Health workers in Northern Ireland could be left “exposed” by changes to abortion law, a lecturer in midwifery has claimed.
Debbie Duncan spent over 30 years working as a midwife in Scotland and England and now lectures at the school of nursing and midwifery at Queen’s University Belfast.
She was never obliged to take part in abortions during her career as the law allowed her to conscientiously object.
Ms Duncan said she fears “too much change with no regulation” means the same protections may not apply here. . . [Full text]
One in six midwifery posts are being left vacant.
THERE ARE OVER 1,300 vacant nursing and midwifery posts in Irish hospitals due to the HSE’s effective recruitment freeze, the INMO has said today.
Phil Ní Sheaghdha of the Irish Nurses and Midwives Organisation has said the figures demonstrate that the government is “refusing to fill frontline healthcare posts” and that patient care is being compromise as a result. . . [Full text]
Wistrand International Law Office
Sweden is one of the most secular countries in the world with full freedom of religion. Further, freedom of conscience is a right protected by the European Convention on Human Rights (ECHR). However, domestic law recognises no right to conscientious objection. In this respect, Sweden differs from most other European countries.
In 2017 the Labour Court clarified from an employment law perspective whether freedom of conscience gives healthcare professionals a right to conscientious objection.
A midwife expressed that her religious beliefs forbid her from performing abortion services. When she expressed her opinion, three different healthcare regions in Sweden refused to employ her. The midwife brought the case to the Equality Ombudsman, which found that her refusal to perform abortion services was a manifestation of her religious beliefs and was thus protected by Article 9 of the ECHR. The Equality Ombudsman also found that the healthcare regions’ requirement that the midwife perform abortion services was reasonable and motivated by social interests in order to secure women’s effective access to abortion services. Therefore, the midwife’s freedom of religion had not been violated. . . . Full Text
Nurses say proposed abortion legislation could mean nurses giving up jobs on conscience grounds
The Irish Times
Proposed abortion legislation could force nurses and midwives out of a job, it has been claimed.
Campaigners for a No vote in the referendum on the Eight Amendment say the conscience clause promised by the Government in legislation if the measure passes is inadequate.
“We are concerned about freedom of conscience and have seen how Scottish midwives lost their case in the UK not to be involved in abortions,” said Mary Kelly Fitzgibbon, of Nurses for Life, a nurse, midwife and a lecturer. . . [Full Text]
Nurses and midwives could strike if their pay demands are not met with salary increases in 2019, according to the Irish Nurses and Midwives Organisation.
Speaking at its annual conference in Cork, General Secretary Phil Ní Sheaghdha said that the union is awaiting publication of a Public Service Pay Commission review of staff shortages among nurses and midwives, which is due next month.
Within the following month, the INMO is due to meet the Government to discuss implementation of the PSPC recommendations to address the difficulties with recruitment and retention.
However, Ms Ní Sheaghdha warned that, if members rejected proposals emanating from those negotiations, the INMO will ballot them for industrial action – “up to and including the withdrawal of their labour”.
An emergency motion to that effect will be debated at the conference tomorrow. . . [Full Text]
Nurses union has had no discussions to date with HSE about the implications of repeal
The Irish times
The Irish Nurses and Midwives Organisation expects the same conscientious objection protections that exist for nurses under the Protection of Life in Pregnancy Act to be afforded to nurses and midwives in any forthcoming legislation in the event of the Eighth Amendment being repealed.
INMO director of social policy and regulation Edward Matthews said that nurses and midwives are afforded the same protections as medical practitioners when it comes to conscientious objection to carrying out a termination of pregnancy. . . [Full Text]
Valerie Fleming Lucy Frith, Ans Luyben, Beate Ramsayer
Freedom of conscience is a core element of human rights respected by most European countries. It allows abortion through the inclusion of a conscience clause, which permits opting out of providing such services. However, the grounds for invoking conscientious objection lack clarity. Our aim in this paper is to take a step in this direction by carrying out a systematic review of reasons by midwives and nurses for declining, on conscience grounds, to participate in abortion.
We conducted a systematic review of ethical arguments asking, “What reasons have been reported in the argument based literature for or against conscientious objection to abortion provision by nurses or midwives?” We particularly wanted to identify any discussion of the responsibilities of midwives and nurses in this area. Search terms were conscientious objection and abortion or termination and nurse or midwife or midwives or physicians or doctors or medics within the dates 2000–2016 on: HEIN legal, Medline, CINAHL, Psychinfo, Academic Search Complete, Web of Science including publications in English, German and Dutch. Final articles were subjected to a rigorous analysis, coding and classifying each line into reason mentions, narrow and broad reasons for or against conscientious objection.
Of an initial 1085 articles, 10 were included. We identified 23 broad reasons, containing 116narrow reasons and 269 reason mentions. Eighty one (81) narrow reasons argued in favour of and 35 against conscientious objection. Using predetermined categories of moral, practical, religious or legal reasons, “moral reasons” contained the largest number of narrow reasons (n = 58). The reasons and their associated mentions in this category outnumber those in the sum of the other three categories.
We identified no absolute argument either for or against conscientious objection by midwives or nurses. An invisibility of midwives and nurses exists in the whole debate concerning conscientious objection reflecting a gap between literature and practice, as it is they whom WHO recommend as providers of this service. While the arguments in the literature emphasize the need for provision of conscientious objection, a balanced debate is necessary in this field, which includes all relevant health professionals.