open search
close

Sweden: Midwife case now at European Court of Human Rights

Print Friendly, PDF & Email
Sweden
 

In 2014 a midwife sued the County Council of Jönköping for discrimination. It had refused to give her work in three different clinics after she told it that she would not carry out abortions on grounds of her Christian beliefs. The clinics said that their reluctance to employ her was not based on her faith but because she did not intend to carry out all duties required by her employment.

The case was tried by the district court, followed by the Swedish Labour Court (AD 2017 no 23 dated 12 April 2017) – and they both ruled against her. The courts also ruled that her freedom of conscience, religion and expression under the European Convention on Human Rights had not been breached.

The midwife’s case is being funded by a well-known Christian anti-abortion organisation in the US, the Alliance Defending Freedom (ADF) and this case is part of an international campaign to influence the right of abortion in Europe. ADF is therefore supporting the midwife’s case both legally and financially. The court fees in Sweden have come to approximately SEK 1.5 million (EUR 153,000).

But the midwife has now decided to take the case all the way to the European Court of Human Rights. The court cannot overrule the Swedish courts’ decisions, but if it finds a breach it could order compensation for the midwife.

This case has been a matter of intense debate in Sweden, as Sweden is one of the most liberal countries in the world. The abortion rates are among the highest in Europe and religious faith is virtually the lowest.

Verwandte Beiträge
Internationales Arbeitsrecht Sweden

Sweden: New regulatory and case law developments

As of 1 January 2017 a number of changes in the Swedish Discrimination Act have entered into force. The changes are briefly summarized below. 1. Since before, the Discrimination Act requires all employers to take active measures to bring about equal rights and opportunities in the workplace regardless of gender, ethnicity and religion. This requirement has now been extended to comprise all seven grounds for…
Abonnieren Sie den KLIEMT-Newsletter.
Jetzt anmelden und informiert bleiben.

Die Abmeldung ist jederzeit möglich.

Schreibe einen Kommentar

Deine E-Mail-Adresse wird nicht veröffentlicht. Erforderliche Felder sind mit * markiert.