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Social & Moral Issues |
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Social & Moral Issues |
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SOUTH AFRICAN NURSING COUNCIL RECOGNISES CONSCIENTIOUS OBJECTION RIGHTS
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October 2002 The South African Nursing Council has affirmed its recognition of the rights of nurses to conscientiously object to participation with abortions. They will be further examining the issue of objection to indirect involvement with abortions early next year (see letter below). ChristianView will keep you updated. This follows a letter to the Council by a ChristianView reader and labour consultant Mr Keith Evans, who has joined the Health Professionals Defence Campaign (see letter below). His letter cites the relevant laws protecting the rights of Christian and other conscientiously objecting nurses, to which the Nursing Council must respond. Have you thought about how God could use your professional skills to help promote Christian values in South Africa? Why not pray for God to use your skills as he is doing with Keith Evans. ChristianView will be giving you more opportunities to get involved.
Philip
Rosenthal ----------------------------------------------- Letter from Hasina Subedar of the Nursing Council follows:
The South African Nursing Council recognises the right of conscientious objection in the practice of termination of pregnancy on the part of a nurse. The further points you raised have been referred to the Councils Laws and practice standards committee that will be meeting early next year. Until such time I do not have any further comments to make to you in this regard.
Hasina
Subedar ---------------------------------------------- Letter by Keith Evans of Logos Labour Consultants follows
The
Registrar
Rights of nurses conscientiously objecting to all involvement with abortion We understand that the South African Nursing Council (SANC) recognises the right of Registered Nurses to conscientiously object to direct involvement in TOP, but not their right to object to all forms of support for abortionists. We are concerned that without this recognition, Nurses could be unfairly disciplined for refusing to assist abortionists with peripheral tasks such as making beds, filling in forms and transporting anything involved in the abortion process. The Nurses that objects to all involvement in the abortion process do so on the basis of Section 15.1 of the Constitution of South Africa - "Everyone has the right to freedom of conscience, religion, thought, belief and opinion". The Constitution is the ultimate law of the country and consequently if it would clash with another law, the Constitution would supercede the other law. We recognise that Section 15.1 is not absolute in terms of the Labour Relations Act. The employee, in this case the Nurse, must advise his or her employer, preferably in writing, that he or she objects to been involved in the abortion process due to conscience or religious belief. Once the Nurse has done that, the Nurse is protected from having to perform any duty that falls within the scope of the objection. Any disciplinary action taken against a Nurse for failing to perform a task that falls within the scope of the conscientious objection would be unfair. Section 16.1b of the constitution of South Africa - "Everyone has the right to freedom of expression which includes freedom to receive or impart information or ideas". This Constitutional Right entitle the Nurse to inform others of their ideas and views about induced abortion outside of the workplace and while on duty, to provide counselling on the development of the fetus and if possible the gestational age, the nature of the abortion procedure and the risks associated with it, and the alternatives available. A Nurse may not express his or her ideas in a threatening or intimidating way or physically prevent somebody from going for an induced abortion, nor may a Nurse prevent any other Nurse from performing the duties that the objecting Nurse consciously objects to doing. Nurses have the right to insist that, in a particular institution, all the conditions stipulated in the TOP Act be adhered to before abortions can be performed. Pro-life Nurses are been urged to be aware of all the requirements of the Act. The Protective Disclosures Act protects any Nurse that informs the authorities of any irregularities in terms of the Act. The Protective Disclosures Act makes provision for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers - to provide for the protection of employees who make a disclosure which is protected in terms of this - and to provide for matters connected therewith. Section 9 of the Constitution of South Africa - "Everyone is equal before the law and has the right to equal protection and benefit of the law. No person may be unfairly discriminated against directly or indirectly on any one or more grounds including amongst other things religion, conscience and belief". We are concerned that Pro-life Nurses are been discriminated against in terms of career enhancement. Any discrimination against Pro-life Nurses would be automatically unfair in terms of the Labour Relations Act. We urge the South African Nursing Council be sensitive to those Nurses that value the sanctity of life. Once you loose the moral high ground it will be very hard to regain. We have written this letter in the hope that you will take note of the legal and constitutional rights of Pro-life Nurses. Anything to the contrary would result in expensive litigation with harsh penalties.
Yours
faithfully Keith David Evans B.Com (SA), Dip Labour Relations, CEA _______________________________________________ Please read our disclaimer |
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