Ellinor Grimmark first took a case for discrimination in 2014, contending that she had been denied jobs on three separate occasions for her stated objection, on religious grounds, to participating in abortion procedures. Grimmark was supported in her action by the human rights groups Provita and Alliance Defending Freedom (ADF).
As part of her case, Grimmark was able to produce a telephone message left for her by the head of maternity at one clinic who, in turning down Grimmark’s application on the grounds of her religiously held objection, questioned “whether a person with such views actually can become a midwife.”
In backing the midwife’s case, ADF filed a brief with the court citing the Parliamentary Assembly of the Council of Europe’s declaration 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, the performance of a human miscarriage, or euthanasia or any act which could cause the death of human foetus or embryo, for any reason”.
However, while conceding that Grimmark’s rights had been breached on all three occasions, the district court in Jonkoping County ruled that access to abortion and requiring medical staff to participate were far more important matters, and so ruled against the midwife’s action.
Condemning the court’s decision, Roger Kiska, international senior counsel with ADF, said: “No one deserves to suffer discrimination and be denied employment because their conscience does not allow them to perform abortions. We are disappointed the court did not affirm Swedish law and international law.”
Announcing her intention to appeal the court ruling, Grimmark said: “Somebody has to take the little children’s side. Somebody has to fight for their right to life. These children do not even have a right to pain relief. I cannot take part in this.”
