Click here to download

Conscientious objection to abortion in Sweden. A commentary on the Swedish Labour Court Grimmark case, AD 2017 nr 23
Journal Title: GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI  
Author/s: Kavot Zillén 
Year:  2017 Issue: 156 Language: English 
Pages:  11 Pg. 791-811 FullText PDF:  170 KB
DOI:  10.3280/GDL2017-156010
(DOI is like a bar code for intellectual property: to have more infomation:  clicca qui   and here 


In order to respect health care professionals’ freedom of religion and conscience, some European countries have developed and adopted regulation that gives health care professionals the right to "opt-out" of participating in certain health related services based on religious grounds, otherwise known as conscientious objections in health care. Currently, in Sweden, there is no right for health care professionals to refuse to perform or participate in medical procedures that are contrary to their religious and moral beliefs. Nevertheless, lately the question of conscientious refusals has emerged in discussion in Sweden in relation to several midwifes wishes not to participate in abortion care, since they believe it contravenes their religious believes. In this commentary, the question of conscientious objection to abortion in Sweden will be explored by analyzing a recent case brought before the Swedish Labour Court (AD 2017 nr 23) about a midwife, Ellinor, who was denied employment in several women’s clinics on the grounds of her conscientious refusals to participate in abortion care. The case is analyzed with focus on the two central questions addressed by the Labour court, namely freedom of religion and the prohibition of discrimination on religious grounds.
Keywords: Conscientious objection; Abortion; Sweden; Swedish Labour Court; Freedom of religion; Prohibition of discrimination on religious grounds

  1. Barnard C. (2012). EU Employment Law. Oxford: Oxford University Press.
  2. Farsides B. et al. (2004). Aiming towards ‘moral equilibrium’: health care professionals’ views on working within the morally contested field of antenatal screening. JME: 505 ss.
  3. Jonsson I.M., Zätterström C., Sundström K. (2001). Midwives’ role in management of medical abortion. Swedish Country Report.
  4. Lamačkova A. (2008). Conscientious objection in reproductive health care: analysis of Pichon and Sajous v. France. EJHL: 7 ss.
  5. McCafferty C. (2010). Report on women’s access to lawful medical care: the problem of unregulated use of conscientious objection. Doc. 12347, 20.7.2010. The Social, Health and Family Affairs Committee, Council of Europe.
  6. Ringelheim J. (2012). Religion, Diversity and The Workplace: What Role of Law. In: Alidadi K., Foblets M.C., Jogchum V. (eds.), A Test of Faith? Religious Diversity and Ac-commodation in the European Workplace. Routledge.
  7. Sjöström S. et al. (2016). Medical Abortion Provided by Nurse-Midwives or Physicians in a High Resource Setting: A Cost-Effectiveness Analysis. PloS one 11 (6).
  8. Zillén K. (2016). Health care professionals freedom of religion and conscience: A legal study about conscientious refusal and the requirement to provide good care. Uppsala: Uppsala University.

Kavot Zillén, in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 156/2017, pp. 791-811, DOI:10.3280/GDL2017-156010

   

FrancoAngeli is a member of Publishers International Linking Association a not for profit orgasnization wich runs the CrossRef service, enabing links to and from online scholarly content