Two Catholic midwives have lost a legal bid challenging a health board's decision that they were not entitled to refuse to delegate, supervise or support staff involved in abortion procedures.
Mary Doogan, 57, and Concepta Wood, 51, consider it "abhorrent" to be told to "assist in" or "facilitate any action" leading to the termination of a woman's pregnancy.
The midwives said that, as conscientious objectors, they are entitled to refuse to delegate, supervise and support staff taking part in abortions or providing care to patients during the process.
They argued that being required to supervise staff involved in abortions is a violation of their human rights and took their case against NHS Greater Glasgow and Clyde to the Court of Session in Edinburgh.
But a judge today ruled the midwives did not have direct involvement in the procedure to which they object.
Lady Smith dismissed their judicial review petition and said: "Nothing they have to do as part of their duties terminates a woman's pregnancy. They are sufficiently removed from direct involvement as, it seems to me, to afford appropriate respect for and accommodation of their beliefs.
"Further, they knowingly accepted that these duties were to be part of their job. They can be taken to have known that their professional body, the RCN (Royal College of Nursing), takes the view that the right of conscientious objection is limited and extends only to active participation in the termination."
The midwifery sisters were employed as labour ward coordinators at the Southern General Hospital in Glasgow. The court heard Ms Doogan had been absent due to ill health since March 2010 and Ms Wood had transferred to other work due to the dispute.
Both women registered their conscientious objection to participation in pregnancy terminations "many years ago" but became concerned when all medical terminations were moved to the labour ward in 2007.
They said that prior to that they were not called on to delegate, supervise or support staff treating or caring for patients undergoing termination procedures. This was denied by the health board.
Lady Smith said of the two women: "They believe that every foetus has a right to life. They believe that a disabled foetus has a right to life. They consider it abhorrent to be instructed to assist in or facilitate any action that will lead to termination of a woman's pregnancy.
"They do, however, recognise that they, in common with all midwives, have a duty to care for the pregnant woman as well as for her unborn child."
The health board said it recognised the midwives' right not to participate in abortions under the terms of the Abortion Act.
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