WHEN CONSCIENCE ISN'T CLEAR: GREATER GLASGOW HEALTH BOARD v DOOGAN AND ANOTHER [2014] UKSC 68. 2015

Mary Neal
Strathclyde Law School, University of Strathclyde, 50 George Street, Glasgow G1 1QE, UK mary.neal@strath.ac.uk.

The Supreme Court's judgment in Doogan is a judicial review of a decision by Greater Glasgow Health Board regarding the scope of the conscience-based exemption in section 4(1) of the Abortion Act 1967. The case progressed through the Outer and Inner Houses of the Court of Session in Edinburgh before final judgment was delivered in the Supreme Court by Baroness Hale on December 17 2014. The Supreme Court eschewed consideration of the human rights dimension of the case (which had featured in the Outer House decision) and approached its judgment as 'a pure question of statutory construction'. This commentary engages with the judgment on its own terms, assessing it as an exercise in statutory interpretation, and leaves it to others who may wish to do so to comment on the human rights aspects of the case.

UI MeSH Term Description Entries
D008880 Midwifery The practice of assisting women in childbirth. Traditional Birth Attendant,Midwife,Midwives,Birth Attendant, Traditional,Birth Attendants, Traditional,Traditional Birth Attendants
D011247 Pregnancy The status during which female mammals carry their developing young (EMBRYOS or FETUSES) in utero before birth, beginning from FERTILIZATION to BIRTH. Gestation,Pregnancies
D003242 Conscience The cognitive and affective processes which constitute an internalized moral governor over an individual's moral conduct. Consciences
D004648 Employee Grievances Formal procedures whereby the employee expresses any dissatisfaction or feeling of injustice regarding the work situation. Grievances, Employee,Employee Grievance,Grievance, Employee
D005260 Female Females
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D006806 Human Rights The right of the individual to cultural, social, economic, and educational opportunities as provided by society, e.g., right to work, right to education, and right to social security. Linguistic Rights,Right to Housing and Shelter,Rights of Indigenous Peoples,Collective Human Rights,Equal Rights,Human Rights, Collective,Indigenous Peoples Rights,Rights, Collective Human,Rights, Equal,Rights, Linguistic
D000028 Abortion, Induced Intentional removal of a fetus from the uterus by any of a number of techniques. (POPLINE, 1978) Embryotomy,Abortion (Induced),Abortion Failure,Abortion History,Abortion Rate,Abortion Technics,Abortion Techniques,Abortion, Drug-Induced,Abortion, Rivanol,Abortion, Saline-Solution,Abortion, Soap-Solution,Anti-Abortion Groups,Fertility Control, Postconception,Induced Abortion,Previous Abortion,Abortion Failures,Abortion Histories,Abortion Rates,Abortion Technic,Abortion Technique,Abortion, Drug Induced,Abortion, Previous,Abortion, Saline Solution,Abortion, Soap Solution,Abortions (Induced),Abortions, Drug-Induced,Abortions, Induced,Abortions, Previous,Abortions, Rivanol,Abortions, Saline-Solution,Abortions, Soap-Solution,Anti Abortion Groups,Anti-Abortion Group,Drug-Induced Abortion,Drug-Induced Abortions,Embryotomies,Failure, Abortion,Failures, Abortion,Group, Anti-Abortion,Groups, Anti-Abortion,Histories, Abortion,History, Abortion,Induced Abortions,Postconception Fertility Control,Previous Abortions,Rate, Abortion,Rates, Abortion,Rivanol Abortion,Rivanol Abortions,Saline-Solution Abortion,Saline-Solution Abortions,Soap-Solution Abortion,Soap-Solution Abortions,Technic, Abortion,Technics, Abortion,Technique, Abortion,Techniques, Abortion
D000029 Abortion, Legal Termination of pregnancy under conditions allowed under local laws. (POPLINE Thesaurus, 1991) Abortion on Demand,Abortions, Legal,Legal Abortion,Legal Abortions
D012606 Scotland The most northerly of the four countries of the United Kingdom, occupying about one-third of the island of Great Britain. The capital is Edinburgh.
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