Abortion-row nurse for hearing

2004-12-07 18:26

Johannesburg - The Equality Court in Vereeniging will hear arguments on Wednesday in the case of a nursing sister who refused to perform emergency procedures on women with complications after abortions.

Wilhelmien Charles refused to perform these emergency procedures at Kopanong Hospital where she worked in theatre, dealing with such emergencies.

She objected on the grounds of her religious beliefs.

When she returned from maternity leave in May, she was moved to another theatre which did not deal with emergencies arising from abortions.

Charles then apparently resigned and claimed constructive dismissal on the grounds that she had been discriminated against.

The Women's Legal Centre said on Tuesday that the case emphasised the right of all women to emergency medical treatment in case of complications after an abortion.

'Accommodated her requests'

Michelle O'Sullivan, director of the Women's Legal Centre (WLC), said: "There is an obligation on all health-care workers, imposed by the constitution to assist with emergency medical treatment to save a life.

"This includes health workers who have conscientious objections to conducting TOPs (termination of pregnancy), but on the basis of the double-effect principle would then have to assist in an emergency procedure to save a woman's life who has developed complications following a TOPs."

Nikki Naylor, an attorney at the WLC, said the State had gone "out of its way" to accommodate Charles's requests.

"In this case, the State has not insisted on the complainant assisting with emergency procedures arising from induced abortions and they have offered her work in a theatre which doesn't deal with those complications.

"The complainant has not been unfairly discriminated against."

- SAPA