Midwives Abortion Ruling Overturned By Court

The Supreme Court has overturned a ruling made in favour of two Catholic midwives objecting to any involvement in abortions.

As conscientious objectors, senior midwifery sisters Mary Doogan and Connie Wood had no direct role in abortions.

But they argued they should also be entitled to refuse to delegate, supervise and support staff involved in pregnancy terminations or providing care to patients during the process.

The Court of Session in Edinburgh ruled in their favour last year.

Judges there 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".

And the women said the ruling affirmed the rights of all midwives to withdraw from a practice that would "violate their conscience".

However, a health authority in Scotland appealed against the decision and the UK's highest court has backed them by overturning last year's decision made in the Scottish capital.

The case had centred on the extent of the right to conscientious objection under the Abortion Act 1967.

This provides that "no person shall be under any duty... to participate in any treatment authorised by this Act to which he has a conscientious objection".

Ms Doogan and Ms Wood said being called upon 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.

But NHS Greater Glasgow and Clyde argued conscientious objection is a right only to refuse to take part in activities that directly bring about the termination of a pregnancy.

The authority's appeal was unanimously allowed by five justices at the Supreme Court.

The Royal College of Midwives (RCM) and British Pregnancy Advisory Service (BPAS) had warned of the implications for services if the Court of Session decision was allowed to stand.

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