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Barnmorskan och samvetet - En rättsutredning om barnmorskors rätt till samvetsfrihet i samband med abortvård

Brandström, Samuel LU (2015) LAGF03 20151
Department of Law
Faculty of Law
Abstract
Recently, the issue whether midwives has the right to conscientious objection in connection with medical care concerning abortions has been frequently debated in Sweden. The aim of this bachelor’s thesis is to investigate if, and to what extent a midwife, while working in a Swedish gynecological clinic, has the freedom of conscience from taking part in service in the field of abortion, is protected by article 9 (1), and whether or not this freedom can be restricted with reference to article 9 (2) of The European Convention on Human Rights and Fundamental Freedoms. Relevant domestic statute laws are the regulations of women’s right to abortion and the states obligation to fulfill this right, as well as labor law principles regarding the... (More)
Recently, the issue whether midwives has the right to conscientious objection in connection with medical care concerning abortions has been frequently debated in Sweden. The aim of this bachelor’s thesis is to investigate if, and to what extent a midwife, while working in a Swedish gynecological clinic, has the freedom of conscience from taking part in service in the field of abortion, is protected by article 9 (1), and whether or not this freedom can be restricted with reference to article 9 (2) of The European Convention on Human Rights and Fundamental Freedoms. Relevant domestic statute laws are the regulations of women’s right to abortion and the states obligation to fulfill this right, as well as labor law principles regarding the relations between employer and employee. In order to investigate whether Swedish law complies with the European Convention, case-law of the European Court and the European Commission of Human Rights concerning freedom of religion and conscience has been reviewed. In this thesis, the analysis of the case-law along with the doctrine, leads to the conclusion that the legal situation concerning this issue is unclear. However, it found that Swedish legislation, which contains no statutory right to conscientious objection for midwives or other medical staff in connection with abortion probably does not breach article 9 of the European Convention. (Less)
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author
Brandström, Samuel LU
supervisor
organization
course
LAGF03 20151
year
type
M2 - Bachelor Degree
subject
keywords
samvetsklausul, samvetsvägran, samvetsfrihet, religionsfrihet, abort
language
Swedish
id
5431483
date added to LUP
2015-07-03 14:56:35
date last changed
2015-07-03 14:56:35
@misc{5431483,
  abstract     = {Recently, the issue whether midwives has the right to conscientious objection in connection with medical care concerning abortions has been frequently debated in Sweden. The aim of this bachelor’s thesis is to investigate if, and to what extent a midwife, while working in a Swedish gynecological clinic, has the freedom of conscience from taking part in service in the field of abortion, is protected by article 9 (1), and whether or not this freedom can be restricted with reference to article 9 (2) of The European Convention on Human Rights and Fundamental Freedoms. Relevant domestic statute laws are the regulations of women’s right to abortion and the states obligation to fulfill this right, as well as labor law principles regarding the relations between employer and employee. In order to investigate whether Swedish law complies with the European Convention, case-law of the European Court and the European Commission of Human Rights concerning freedom of religion and conscience has been reviewed. In this thesis, the analysis of the case-law along with the doctrine, leads to the conclusion that the legal situation concerning this issue is unclear. However, it found that Swedish legislation, which contains no statutory right to conscientious objection for midwives or other medical staff in connection with abortion probably does not breach article 9 of the European Convention.},
  author       = {Brandström, Samuel},
  keyword      = {samvetsklausul,samvetsvägran,samvetsfrihet,religionsfrihet,abort},
  language     = {swe},
  note         = {Student Paper},
  title        = {Barnmorskan och samvetet - En rättsutredning om barnmorskors rätt till samvetsfrihet i samband med abortvård},
  year         = {2015},
}