Swedish Midwives file case before the European Court of Human Rights

On 14 June two Swedish midwives together with the Scandinavian Human Rights Lawyers will file a complaint against Sweden to the European Court of Human Rights in Strasbourg for violations of the right to freedom of conscience and freedom and speech under the European Convention on Human Rights.

A background/press briefing will be held at the Hilton Hotel Strasbourg and the midwives, Ellinor Grimmark and Linda Steen, will give statements concerning their case together with legal counsels. There will be time afforded for questions and interviews during and after the briefing.

A light lunch will be served the attendants.

Time:
1 pm -1.30 pm, Wednesday June 14

Place: 
The Hilton Hotel, 1 Avenue Herrenschmidt, 67000 Strasbourg, France

Speakers:
Midwife Ellinor Grimmark, midwife Linda Steen, Senior legal counsels Ruth Nordström and Jörgen Olson

For questions or interview booking, please contact info@shrl.eu

”Sweden should protect human rights for health care workers”

During an acute midwife shortage in Sweden, where over eighty percent of the County councils that run local hospitals have reported having trouble recruiting midwives, Ellinor Grimmark and Linda Steen have been denied the right to work within their profession, because of their conscientious objection to abortion.

Both Ms. Grimmark and Linda Steen are Christians and they knew that some midwives participate in abortions, but they assumed that the hospitals would offer them work within delivery care and postnatal care.

In November 2013, Höglandssjukhuset women’s clinic withdrew a job offer as a midwife from Grimmark after she explained that she could not perform abortions because of her conscientious objection and her Christian faith. The head of the maternity ward said that Grimmark “was no longer welcome to work with them” and questioned “whether a person with such views actually can become a midwife.” A few months later, Grimmark tried to obtain employment with Ryhovs women’s clinic, which told her that a “person who refuses to perform abortions does not belong at a women’s clinic”.

In January 2014, Värnamo Hospital’s women’s clinic offered Grimmark a job within the delivery ward, but then withdrew employment because she had expressed her opinion in the media regarding abortion. The head of the hospital told Grimmark that no employee was allowed to “publicly take a stand against abortion”. Ms Grimmark was offered counseling to help her come to terms with abortions and change her mind.

The case of Ellinor Grimmark has been hugely debated in Sweden and speaking at a panel on Islamist extremism in 2015, Mona Sahlin, a prominent politician and former Swedish government antiterrorism coordinator, argued that “those who refuse to perform abortions are in my opinion extreme religious practitioners, not unlike jihadists”.

The other Applicant, Linda Steen had a contractual employment with Sörmland County council, which was broken by the County council. She was also exposed to several offensive statements about her beliefs.

- Ellinor Grimmark and Ellinor Grimmark have been unjustly denied employment by four different hospitals because of their conscientious objection to abortion and Ms Grimmark has also lost a job because she expressed her opinion publicly in the media. Sweden is required to safeguard the right to freedom of expression and freedom of conscience under the European Convention on Human Rights, said Senior Legal Counsel, Ruth Nordström.

- There has been and still is a major crisis within delivery care because of the huge shortage of midwives and Sweden should, just like our neighboring countries Norway and Denmark, protect the human rights of health care workers. There is a wide consensus among the European states to protect health care worker´s right to freedom of conscience, said Legal Counsel Rebecca Ahlstrand.

- Linda Steens and Ellinor Grimmarks right to freedom of thought, conscience and religion has been violated through the actions of Swedish authorities and through the systematical and ongoing prohibition for them and others likeminded to be employed as midwives within Swedish healthcare, said Jörgen Olson, Senior Legal Counsel.

Conversion case subject to examination from the European Court

SCANDINAVIAN HUMAN RIGHTS LAWYERS represent Mohammad * from Afghanistan, who applied for asylum in Sweden because of family circumstances. During his stay in Sweden, he came in contact with Christians and eventually converted to Christianity. Mohammad is baptized and shows every sign of being a true Christian. Swedish authorities have however made the assessment that his conviction is not genuine. The decision to deport Mohammad has been appealed to domestic courts and all domestic remedies have been exhausted.

THE SWEDISH MIGRATION Board has not made any assessment of how genuine Mohammad's conviction is since before October 2013, shortly after the conversion. After this point only new circumstances are considered by the authorities. Considering the long period of time that has lapsed without reevaluation this can be equated to not getting any consideration at all of a conversion, which is in contravention of the European Court of Human Rights (see eg F. G. against Sweden 43611/11, G.C.., March 23, 2016). It has e.g. not been a fact of consideration that Muhammad has lived as a Christian for four years and the assessment of his conviction has in several ways been arbitrary. Muhammad’s conversion is definitely perceived as genuine by the compatriots who exposed him to persecution in Sweden.

SWEDISH AUTHORITIES HAVE decided to expel Mohammed to Afghanistan, where he fears for his life and faces the death penalty, torture and inhuman and degrading treatment. In Afghanistan, according to Sharia, a convert who is revealed has three days to take back the conversion and profess Islam. This means that a convert who returns to Afghanistan can not practice his/her faith openly without being punished. A deportation would constitute a violation of Article 2 and Article 3 of the European Convention on Human Rights and Fundamental Freedoms (ECHR).

SCANDINAVIAN HUMAN RIGHTS LAWYERS made a so-called Rule 39 notification to the European Court, which decided to stay the deportation of Mohammed. The deportation is now stayed until further notice. The Swedish government and Scandinavian Human Rights Lawyers have since May 2016 made written submissions to the European Court in the case.

 

Trafficking Case - "Josephine" and her daughter

Josephine* and her five year old daughter was tricked into traveling from Nigeria to Italy, hoping to escape threats from both her husband and the police because of a lesbian relationship that Josephine had. Once they arrived in Italy they found that they had ended up in the hands of traffickers. These traffickers tried to force Josephine into prostitution, but when she refused to sell her body, she and her daughter were locked in a room. One day several men raped and abused Josephine for several hours, an abuse that her daughter had to witness at gunpoint. Since traffickers were discussing how they could get rid of her daughter, they sought help from another prostitute woman to escape from Italy to Sweden where they eventually sought asylum. Despite threats to both of them and their fragile psychological state, the Migration Board decided to reject their applications for residence permits and transfer them to Italy, which under the Dublin regulation, is the first country of asylum.

Human rights lawyers came to the assistance of Josephine and her daughter in the appeal of the decision. Swedish courts rejected / denied the appeal. A so-called Rule 39 notification was therefore made to the European Court to stop the transfer to Italy. Scandinavian Human Rights Lawyers question why Sweden has not obtained individual guarantees for Josephine and her daughter's safety from the Italian authorities. Josephine and her daughter's health condition and the threats that exist in Italy means that the two are at risk of being subjected to inhuman and degrading treatment if transferred to Italy.

Following a complaint by Scandinavian Human Rights Lawyers the European Court decided to suspend the deportation and requested that the Swedish government would respond concerning any guarantees obtained from Italy. The individual guarantees should assure Josephine and her daughter the support of the Italian government in a way that responds to their needs. Since Sweden only stated that general guarantees from Italy had been given by Italy, the stay of the deportation has been extended.

The case is still pending and the Scandinavian Human Rights Lawyers continue to work for Josephine and her daughter’s right to stay in Sweden.

*Name has been changed.

Read articles about Josephine’s case here:

http://www.dagen.se/traffickingoffer-riskerar-avvisning-till-italien-1.805052

http://www.varldenidag.se/nyheter/europadomstolen-stoppade-utvisning/Bbbplo!S3LhEjDuUNPoY7AnhXho@Q/

Human Trafficking Case – Maria" and her children

Human Trafficking Case – Maria and her children

Maria* is from Nigeria but moved to France, because she had been promised a job. Instead, she ended up in the hands of traffickers in France. The job in fact meant forced prostitution. She was also taken to Italy and was forced to sell sex for a long period of time. The traffickers even tattooed her body to indicate their ownership. After ten years in prostitution and several escape attempts, Maria finally succeeded to flee the country and arrived in Sweden where she applied for a residence permit for herself and her new-born twins. However, the Swedish Migration Board decided to transfer them back to Italy.
Scandinavian Human Rights Lawyers represented Maria and the children in their appeal against the authority’s decision. The Dublin Regulation, which asserts that asylum claims should be done in Italy which was Maria first point of entry into Europe, was cited as the reason for sending Maria and her family back to Italy. However, Scandinavian Human Rights Lawyers argued that the Migration Court must make an exception in Maria case. According to art. 3.2 of the Dublin regulation exceptions can be made if there are systemic weaknesses in the recipient country’s asylum procedure. In addition, the article obliges a state to take into serious consideration an applicant’s risk of being subjected to inhuman or degrading treatment.

Migration Court made the assessment that although the different circumstances in Marias cases were not in themselves enough to constitute reasons for an exception, there was an overall strong humanitarian reason to not transfer Maria and her two children to Italy. In its decision, the Court further considered the principle of the child’s best interest. The Migration Court’s decision concerning this exception to the Dublin regulation is in principle unique and clears weigh for new practice within the area.
Maria and her two children can now, thanks to the decision, have their asylum applications examined in Sweden.
*Name has been changed.

Swedish Midwife Case to the European Court of Human Rights

Swedish Labour Court on April 12, 2017. Photo: Abraham Engelmark

Uppsala, Sweden:
On April 12 the Swedish Labour Court ruled against midwife Ellinor Grimmark who was unjustly denied employment by three different hospitals because of her conscientious objection to abortion and because she expressed her opinion publicly in the media.

– The Labour Court did not examine the right of freedom of conscience or freedom of speech according to international law or the European Convention on Human Rights. We have now decided to take the case further to the European Court of Human Rights, says attorney Ruth Nordström, Senior Legal Counsel of Scandinavian Human Rights Lawyers.

– The majority of the countries in Europe, protect the right to freedom of conscience in their Constitution, law or practice. In addition, health professionals right to conscience is recognized in international ethical codes. According to Council of Europe Resolution 1763, health care professionals shall not be coerced or discriminated upon because of refusal to perform or assist in abortions, says Legal Counsel Rebecca  Ahlstrand.

The background of the case is that Ellinor Grimmark has sued the County Council of Jönköping for violation of her freedom of thought, conscience and religion, as well as her freedom of opinion and expression under the European Convention on Human Rights.

In November 2013, Höglandssjukhuset women’s clinic withdrew a job offer as a midwife from Grimmark after she explained that she could not perform abortions because of her conscientious objection and her Christian faith. The head of the maternity ward said that Grimmark “was no longer welcome to work with them” and questioned “whether a person with such views actually can become a midwife.” A few months later, Grimmark tried to obtain employment with Ryhovs women’s clinic, which told her that a “person who refuses to perform abortions does not belong at a women’s clinic”.

In January 2014, Värnamo Hospital’s women’s clinic offered Grimmark a job within the delivery ward, but then withdrew employment because she had expressed her opinion in the media regarding abortion. The head of the hospital told Grimmark that no employee was allowed to “publicly take a stand against abortion”.

Invitation to press conference about the Swedish midwife case 12 April

Scandinavian Human Rights Lawyers cordially invite you to a press conference about the Swedish midwife case on conscientious objection for medical staff and its implications for Sweden and Europe.

The background of the case is that Ellinor Grimmark has sued the County Council of Jönköping for violation of her freedom of thought, conscience and religion, as well as her freedom of opinion and expression under the European Convention on Human Rights.

Ellinor Grimmark has been denied employment as a midwife at the hospital of Höglandssjukhuset and at Ryhov women's clinic and she has been terminated from an employment at the hospital of Värnamo. Ellinor Grimmark was granted a job as a midwife, with respect of her freedom of conscience at Värnamo women's clinic, but the County Council of Jönköping withdrew the promised work because Ellinor Grimmark had expressed her opinion in the media regarding abortion.

Senior Legal Counsel Ruth Nordström, Attorneys Percy Bratt and Jörgen Olson, will together with their client, Ellinor Grimmark, present their reflections on the judgement from the Swedish Labour Court, that will be delivered on 12 April at 11 AM. The press conference will be held in both Swedish and English.

Please join us at:
Location: Turkiska salongen (The Turkish Salon), Citykonditoriet, Adolf Fredriks kyrkogata 10, Stockholm
Time: 12 April, at 2-4 AM

To register for the press conference please send an email to info@shrl.eu
To book a personal interview with midwife Ellinor Grimmark or her legal representatives, Senior Legal Counsel Ruth Nordström and attorneys Percy Bratt and Jörgen Olson: Please contact rebecca.ahlstrand@shrl.eu

Scandinavian Human Rights Lawyers AB
+46 (0) 18 – 750 52 11
Fax: +46 (0) 18 - 10 04 99
E-mail: info@shrl.eu
Web: www.manniskorattsjuristerna.se / www.shrl.eu

Workshop & Study Visit Uppsala Sweden

A workshop & study visit was organized in Uppsala Sweden between 9-10 March 2017 as part of the transnational project Strenghtening multidisciplinary cooperation to ensure an effective referral, assistance, rights protection for victims of human trafficking, financed by the European Commission, Justice Program JUST/2015/JACC/AG/VICT/9221

The project is coordinated by the Romanian organization, Association Pro Refugiu in partnership with Scandinavian Human Rights Lawyers Sweden, Caritas International Belgium, Association Trave Iniciativas para la Economia Social y Solidaria Spain, Center for the Study of Democracy Bulgaria. The project benefits from the support of several associate partners from Romania (National Institute for Magistracy, Bucharest Bar, National College of Social Workers), Sweden (Uppsala University Center for Research on Addiction U-FOLD and  Hela Manniskan i Malmö Organization), Spain (General Prosecutor Office -Immigration Department), Bulgaria (National Legal Aid Bureau).

The event gathered professionals (lawyers, social workers, psychologists/psychotherapists, doctors, police officer, experts, researchers) with expertise on issues related to human trafficking and victims’ assistance. An event that allowed the Romanian, Swedish, Belgium, Spanish and Bulgarian specialists to exchange knowledge in areas in which they activate and also allow to learn more on the Swedish intervention methods to combat human trafficking and assist the victims (strategies to combat human trafficking and legal aid in Sweden; support and assistance to victims of human trafficking; how to cope with traumatized persons-rehabilitation and treatment; the correlation between drugs and human trafficking; anti-trafficking strategy from the hotel business in Sweden to combat human trafficking).

Event-Agenda-Uppsala-Sweden

Press-release-Uppsala-Event

Report-Uppsala-Workshop-Study-Visit

Join us in the fight to abolish slavery and human trafficking

Press release 2 December 2016

Scandinavian Human Rights Lawyers
2 December, 2016 - PRESS RELEASE
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Join us in the fight to abolish slavery and human trafficking

Today, the 2 December, is the International Day of the Abolition of Slavery. The 2 December 1949 the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others was adopted.

According to Global Slavery Index, 45.8 million people are enslaved in the world today. Most of the victims are women and children.

Scandinavian Human Rights Lawyers are currently representing several victims of human trafficking in judicial proceedings. This short film tells the story of some of them.

 

Josephine, a 28 years old mother that was a victim of sex trafficking and her little daughter, Patricia, 6 year old. The traffickers put a gun against Patricia’s head, lit cigarettes and burned her body and forced her to watch while they raped her mother and beat her until she started bleeding. The little girl was so traumatized that she lost the ability to eat, talk and play and she had to use diapers again. We fight for their protection and their freedom.

Maria, mother of twins, victim of sex trafficking. Maria was exploited as a sex slave in Europe for ten years. She tried to escape several times but the traffickers found her every time. They tatooed her body to show that they owned her. Maria was then subjected to even more violence, massive threats and abuse. She fled to Sweden and gave birth to twins. The traffickers have threatened to take her children. We fight for their protection and their freedom.

Ana, sold to forced prostitution when she was 16 years old. The traffickers kidnapped Ana, armed with guns, in front of her 11-year old sister. She was subjected to severe violence and abuse and was drugged by the traffickers, who threatened that they would kill her and sell her organs. The traffickers are part of organized crime and corruption impede prosecution. Ana´s mental health is at a critical stage and she has suffered from panic attacks and suicidal thoughts. We fight for Ana and her sister, for their protection and their freedom

Join us in the fight to #endhumantrafficking and #abolishslavery in our time.


For more information contact

Ruth Nordström, Chief Lawyer SHRL
Email: info@shrl.eu or ruth.nordstrom@shrl.eu
Phone: +46 70-725 19 17

Scandinavian Human Rights Lawyers is a Non-Governmental Organisation dedicated to the promotion and protection of human rights and human dignity in Scandinavia and Europe.

 

Scandinavian Human Rights Lawyers - Defending Human Rights and Freedoms

Scandinavian Human Rights Lawyers – Defending Human Rights and Freedoms

Dr. Denis Mukwege winner of the Scandinavian Human Dignity Award 2016

Press release October 17, 2016

Scandinavian Human Rights Lawyers
October 17, 2016 - PRESS RELEASE
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Dr. Denis Mukwege winner of the Scandinavian Human Dignity Award 2016

The Scandinavian Human Dignity Award is presented annually by the Scandinavian Human Rights Lawyers & Committe, to a person or an organization which has made a special contribution to human rights, all of which derive from the inherent dignity of the human person and are essential for his free and full development.

The 2016 Award winner is Dr. Denis Mukwege, Medical Director at the Panzi Hospital in Eastern Congo, where thousands of women and children that are victims of sexual violence and human trafficking, have been treated. Dr. Mukwege is world famous for his treatment to victims of rape in the conflict-ridden Congo and he has challenged both the UN and the international community and has become a spokesperson for the victims of the war in Congo.

"The Scandinavian Human Dignity Award is dedicated to Dr. Mukwege for his work to combat sexual violence and strengthen women's dignity and human rights. Dr. Mukwege gives a voice to the voiceless victims and to those who can not speak for themselves. He defends the defenseless and gives them the tools to combat the fear of violence and oppression. Dr. Mukwege has said that it is in times of crisis that every community has the greatest duty to protect human rights. His own community efforts to promote human rights and freedoms makes him a worthy winner of this year's prize," says Ruth Nordstrom, Chief Lawyer, Scandinavian Human Rights Lawyers and Chairman of Scandinavian Human Rights Committee.

The Members of the Scandinavian Human Rights Committé is Professor Kjell O Leijon, Professor Emeritus Reinhold Fahlbeck, Legal Counsel Rebecca Ahlstrand, Photographer and Marketer Johan Ruden, Deacon and former Diplomat Marianne Lidskog, The Swedish Angeln in the Red Light District Elise Lindqvist, and Chief Lawyer Ruth Nordstrom.

The Award Ceremony took place at a reception in central Stockholm October 14, 2016.

Pictures for download

To Gallery

 

For more information contact

Ruth Nordström, chairman SHRL
Email: info@shrl.eu or ruth.nordstrom@shrl.eu
Phone: +46 70-725 19 17