November 5, 2004 Doctors for Life International takes Tshabala-Msimang to court
Embargo: Immediate release
Enquiries: Dr Albu van Eeden - (CEO, Doctors For Life International) Cell: +27 82 781 7130
John Smyth, QC - (Legal spokesperson, Doctors For Life International) Cell: +27 83 653 8804
Sister* Charles, a Chief Professional Nurse with special qualifications in Theatre work, was barred from working in theatre at the Kopanong Hospital in Vereeniging because she had taken a stand on her constitutional right not to do abortion cases on the ground of her Christian beliefs. The theatre sister and Doctors for Life International (DFL) are claiming against the Hospital, the MEC and National Minister of Health. Court proceedings commenced yesterday in the Vereeniging Court.
DFL look upon this court case as being long overdue. The principle of freedom of conscience for Health Workers and the right to refuse to take part in abortion is a well established principle in medical ethics. In their policy document the American Medical Association states that even Medical Schools have mechanisms in place that permit students to be excused from activities that violate the students’ religious or ethical beliefs. The World Medical Association, counting more than 6 million members and more than 80 member countries also endorses the principle of freedom of conscience for all health professionals. Many countries write a freedom of conscience clause into their legislation; e.g. in the UK, the 1967 Abortion Act says: “No person shall be under any duty to participate in any treatment authorised by this Act to which he has a conscientious objection”.
In South Africa the SA Nursing Council Ethical Guidelines state:
• A nurse may refuse to participate in the act of termination of pregnancy, i.e. the medical or surgical initiation of separation and disposal of expelled products of conception.
• A nurse may object to removal and disposal of the expelled products of conception.
DFL are delighted to be able to assist Sister* Charles in bringing her case. In 2003 she received one of the DFL brochures offering advice and legal support to any Health Professional who felt intimidated into participating in any abortion procedure. She contacted us and our legal advisor was asked to help her.
* The term “sister” within the context of Healthcare in South Africa refers to a person who is a professional nurse.
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For more information, contact Heinrich Botes (072 219 1962) or John Smyth QC, legal spokesperson (083 653 8804).
Doctors For Life International represent more than 1000 medical doctors and specialists; three-quarters of whom practice in South Africa . Doctors For Life was founded as a South African organisation in 1991 and has spread across the globe. DFL is involved in several community projects including orphan care, the care of terminal AIDS patients, malaria prevention and the care of abused women. Please go to: www.doctorsforlifeinternational.com for more information about these projects.