A to-be midwife, E.G., was denied jobs for which she had applied at three different obstetrics and gynecology departments. When applying, E.G. said that she could not participate in performing abortions due to her religious beliefs. The court considered whether the region had discriminated against E.G. according to Article 14 of the European Convention on Human Rights (ECHR) and the Swedish Discrimination Act and whether the region had violated E.G’s rights under Article 9 (freedom of thought, conscience and religion) and 10 (freedom of expression) of the ECHR. The Swedish Labor Court found that the region’s decision not to employ E.G. for the positions she applied to, which included tasks that she had declared that she would not perform, did not constitute direct or indirect discrimination. The Labor Court stated that the region’s criteria – that the applicant could perform all tasks falling within the position, including abortion – was motivated by a legitimate purpose, i.e. good healthcare for the women seeking abortion as defined in the democratically adopted law. The criteria was also found appropriate and necessary to reach the aim of good health care. The Labor Court further deemed that it was E.G’s “professional limitations” and not her opinions regarding abortion that had mattered in the region’s decision not to hire her. Therefore, the Labor Court ruled that region had not committed violations of neither Article 9, 10 or 14 of the ECHR, nor the Swedish Discrimination Act.
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