Swedish Midwives file case before the European Court of Human Rights

Press release 16 June 2017

Scandinavian Human Rights Lawyers
16 June, 2017 – PRESS RELEASE
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Swedish Midwives file case before the European Court of Human Rights

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

- 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. This is a severe violation of their Convention protected rights, said Ruth Nordström, Senior legal counsel, Scandinavian Human Rights Lawyers.

- In the Council of Europe region freedom of conscience for medical practitioners is almost universally protected. With the exception of Sweden, every EU member state has either a general law protecting freedom of conscience, or a specific law protecting medical practitioners’ rights of conscience. The majority of States have both a general provision and a specific law, said Ruth Nordström.

- The consensus in Europe is a reflection of the fundamental nature of the right to freedom of conscience generally, and within the medical profession in particular. There is a clear common ground both in Europe and internationally that health care professionals should be granted the right to conscientious objection, said Jörgen Olson, Senior legal counsel.

- To able to justify an interference in the right to freedom of conscience, a state must advance convincing and compelling reasons corresponding to a “pressing social need”, according to the case law of the European Court of Human Rights. However, the facts made out in the the current cases make it clear that there is no “pressing social need” to force all midwives to participate in abortions or to ban midwives Linda Steen and Ellinor Grimmark and likeminded midwives from their work within delivery care or postnatal care, quite the opposite, said legal counsel Rebecca Ahlstrand.

FACTS on Freedom of Consience in Europe:

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

Swedish Midwives file complaints to the European Court of Human Rights

On the 14 June 2017 two Swedish midwives, Ellinor Grimmark and Linda Steen, filed complaints against Sweden for violations of their freedom of conscience and religion to the European Court of Human Rights in Strasbourg.

Ellinor Grimmark has been denied employment as a midwife at the Högland Hospital women’s clinic and at Ryhov women's clinic and her employment at the hospital of Värnamo was terminated. 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 terminated the employment because Ellinor Grimmark’s opinion on abortion had been made public through a news article in the local media.

Linda Steen had a contract with Nyköping Hospital women’s clinic within the County of Sörmland, in which they had agreed that she was to work within the clinic for two years after her midwife studies. However, the County broke the contract when she informed them that she was unable to perform abortions due to her faith and her conscience. She has to commute to Norway, where she can work as a midwife with freedom of conscience.

-During an acute midwife shortage and major crisis within delivery care, where over eighty percent of the County Councils that run local hospitals in Sweden have reported having trouble recruiting midwives, Ellinor Grimmark and Linda Steen have been denied the right to work within her profession, because of their conscientious objection to abortion. Article 9 of the European Convention gives everyone the right to freedom of thought, conscience and religion, and any restrictions in these rights have to be prescribed by law and measure have to be proportionate and necessary in a democratic society, said senior legal counsel, Ruth Nordström.

-It cannot be considered proportionate or necessary to prohibit midwives from working in delivery care or postpartum care, especially considering that there is such shortage on midwives in Sweden. Patient safety within delivery care is threatened and forcing midwives to work in Norway is contrary to women’s rights and the right to adequate health care, said senior legal counsel, Ruth Nordström

-  Ellinor Grimmark´s and Lindas Steen´s rights to freedom of thought, conscience and religion have been violated through the actions of Swedish authorities and through the systematic and ongoing prohibition for them and others likeminded to be employed as midwives within Swedish healthcare. There is a wide consensus among the European states, including the neighboring Scandinavian countries, Norway and Denmark, to protect health care worker´s rights according to the Convention, said legal counsel Rebecca Ahlstrand.

- A majority of all member states of the Council of Europe, including the neighboring countries Norway and Denmark, protect the right to freedom of conscience for health care professionals in law or practice. Against this background, the Swedish authorities cannot claim that it is not possible to accommodate conscientious objections in healthcare, says Jörgen Olson, senior legal counsel.

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.

Linda Steen

ON 22-26 SEPTEMBER 2016, the trial concerning Linda Steen and Sörmlands Landsting will be held at the District Court of Nyköping. Linda Steen has filed a lawsuit against Sörmland County for violation of her freedom of conscience, freedom of religion and freedom of thought and opinion under the European Convention on Human Rights, and she has claimed damages for those violations. The European Convention, which is Swedish law since 1995, gives everyone, according to article 9, the right to freedom of conscience. This article may only be restricted if it is supported by law and if it is necessary in a democratic society.

New trial regarding freedom of conscience – employment was withdrawn

After the case of Ellinor Grimmark the trial between the midwife Linda Steen and Sörmland County is now initiated.- In this case we have only claimed damages due to violation of her rights according to the European Convention on Human Rights, says Linda Steen's legal representative, Ruth Nordstrom, to the newspaper Dagen.

When Ellinor Grimmark, who, like Linda Steen, can not participate in the performance of abortions, filed her lawsuit she wanted both compensation for discrimination and damages for the violation of freedom of religion and freedom of conscience.

- Another difference is that Linda Steen actually had a contract agreement with the Sörmland County, says Ruth Nordstrom.

Would work two years after studies

The lawsuit states that Linda Steen got a contract employment at the women's clinic at Nyköping hospital in early 2014.

The employment meant that Linda Steen, who is a trained nurse, would be trained as a midwife, and that the County would pay for her education. In exchange, Linda Steen promised to work at the women's clinic for two years after completing her studies.

Withdrew the offer

A year later, when the officers of the women's clinic became aware of Linda Steen's attitude toward abortion they changed their minds and decided to withdraw the offer of a post at the clinic.

The lawsuit lists nine specific examples where Linda Steen and her representatives considers that there have been a violations of her freedom of religion and freedom of conscience under the European Convention on Human Rights, article 9.

The District Court dismissed the complaint

Recently the District Court of Jonkoping rejected Ellinor Grimmark's complaint against the Region of Jönköping. Ruth Nordstrom notes that the case also was mentioned during yesterday's oral hearing in Nyköping.

 

Do you think that your chances have increased, decreased or remained unaffected by the outcome in Jonkoping?

- There are reasons to believe that the District Court of Nykoping at least will consider the main issue – if Linda Steen’s freedom of religion and freedom of conscience have been violated according to the European Convention on Human Rights. The District Court of Jönköping never addressed those issues. At the same time, the court may very well be guided by the verdict in Jönköping.

In early January, both parties will make written submissions and after that a date for the main hearing will be set.

 

by Johannes Ottestig