Sweden has been accused of violating the European Social Charter’s “right to protection of health [and] non-discrimination” for doctors and medical students who refuse to participate in abortion.

The complaint was filed to the Council of Europe by the Federation of Catholic Family Associations, (FAFCE), an international NGO.

According to the complaint, in Sweden, “Health care professionals that have strong objections to abortion, especially late term abortions when the foetus aborted is viable, have been obliged to participate and act against their conscience.”

FAFCE said that the government has allowed “conscientious objectors to be treated in a discriminatory way,” and has failed “to enact comprehensive and clear policy and guidelines to prevent serious incidents or deficiencies when abortion is recommended”, Lifesite news reports.

The group is representing the Swedish organisations Christian Physicians and Medical Students (KLM) and Pro Vita, a pro-life advocacy group.

According to the complaint, in most cases health care workers who object to abortion “are told that they have chosen the wrong job, the wrong profession or the wrong department.”  

“Health care workers and health care students are reprimanded, repositioned or put at disadvantage for refusing to perform procedures such as abortions and the Swedish report about the need of a conscience clause for medical students, show that conscientious objection could lead to the denial of a medical diploma referred to the lack of a conscientious objection clause,” says the document.  

The document also cites the public debate sparked in 2011 by reports that babies were born alive and then “put aside to die by themselves in hospital rooms after late-term abortions”. Health care workers told the media of some cases in which children, after 18 or 22 weeks gestation, “could live up to one hour after the abortion.”  

The case caused some health care workers to resign their positions, citing “physiological distress.” One nurse launched complaints with the National Board of Health and Welfare. “Medicine Today” quoted one nurse saying, “It feels terrible that we are allowing fully viable foetuses to die right before our eyes. But we can do nothing. Otherwise, we are breaking the law.”  

The pro-life groups say that the Swedish government has failed “to enact a comprehensive and clear legal and policy framework governing the practice of conscientious objection by healthcare providers in Sweden”. They are alleging that the government is in violation of a number of international agreements, including the International Covenant on Civil and Political Rights, the Charter of Fundamental Rights of the European Union and the Universal Declaration on Human Rights.  

They pointed to resolution 1763 from the Parliamentary Assembly of the Council of Europe (PACE), which was drafted specifically to counter attempts to undermine rights of conscience. It declares that “no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion” or euthanasia.

Abortion in Sweden is available on demand up to 18 weeks gestation. After that time, permission must be granted, on “exceptional grounds,” by the National Board of Health and Welfare. But the FAFCE complaint says that “in practice, 90 per cent of every application of abortion after week 18 is granted approval and nearly every application is granted approval if there are indications of disability”.

One in three pregnancies in Sweden end in abortion.