Pro-life, pro-choice and (lack of) proportionality: the legal battle of the swedish midwifes$h
The Grimmark and Steen judicial sagas exemplify the tensions between sincerely-religious midwives refusing to terminate pregnancies vis-à-vis the positive obligation of Swedish authorities to provide nationwide abortion services. As will be seen, at the root of these tensions lied a missed opportuni...
| Subtitles: | Studi |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2022
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| In: |
Il diritto ecclesiastico
Year: 2022, Volume: 133, Issue: 3/4, Pages: 809-821 |
| Standardized Subjects / Keyword chains: | B
Midwife
/ Abortion
/ Liberty of conscience
/ Swedes
|
| IxTheo Classification: | KBE Northern Europe; Scandinavia XA Law |
| Further subjects: | B
Conscientious Objections
B Steen v. Sweden B Grimmark v. Sweden B Religiously-Motivated Employment Discrimination B Conscience Wars B Healthcare |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | The Grimmark and Steen judicial sagas exemplify the tensions between sincerely-religious midwives refusing to terminate pregnancies vis-à-vis the positive obligation of Swedish authorities to provide nationwide abortion services. As will be seen, at the root of these tensions lied a missed opportunity to make a proportionality assessment between abortion and conscience rights both at domestic and ecthr level. This paper first explores the background of the cases at hand, to then speculate about which alternative judicial routes the domestic courts could have taken to give both countervailing interests their due, hence allowing them to co-exist. This essays then offers a critical analysis of the legal battle that the two Swedish midwives fought before the ecthr. |
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| ISSN: | 2035-3545 |
| Contains: | Enthalten in: Il diritto ecclesiastico
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| Persistent identifiers: | DOI: 10.19272/202230804017 |