Janaway v Salford Health Authority
163 words (1 pages) Case Summary
16th Jul 2019 Case Summary Reference this In-house law team
Jurisdiction / Tag(s): UK Law
Janaway v Salford Health Authority (1989) AC 537
Conscientious Objection
Conscientious objection defence under Section 4 (1) of the Abortion Act 1967 applied only to persons who are actually involved in the abortion operation.
In this case, a secretary was requested to type a letter which referred a patient to a consultant in regards termination of the client’s pregnancy. She refused to carry out the doctor’s instruction claiming conscientious objection under section 4 (1) Abortion Act 1961. This section provided that ‘no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection.’
The court held that natural meaning of ‘participate in’ should be given to it. It means taking part in the treatment for the purpose of termination the abortion.
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Jurisdictions / TagsContent relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
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