ZAGREB, 11 May 2022 - In a comment on the case of Mirela Čavajda, the Croatian Medical Law Association says that the institution of conscientious objection is being maligned and imposed as the only obstacle to solving the problem, underlining the need for responsible conduct by all stakeholders.

Čavajda is a 39-year-old who has requested a pregnancy termination because the fetus has been diagnosed with massive brain cancer six months into her pregnancy. She recently told the Index web portal that all hospitals in Zagreb she contacted had refused to do a termination of pregnancy despite the fact that doctors told her that the tumour was so big the child most likely would not live long, and even if it did, it would never have a normal life.

Her complaint against the hospitals' decision is to be discussed by a second-instance commission at the KBC Zagreb Hospital, whose expert commission, formed last week at the request of Health Minister Vili Beroš, was of the view that the child has a chance to live and that neurosurgical treatment is possible if the delivery goes well.

The Croatian Medical Law Association says that the right to conscientious objection applies also to doctors, as determined by the Council of Europe Parliamentary Assembly Resolution 1763 of 2010, which says that no legal or physical person shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or euthanasia or any act which could cause the death of a human foetus or embryo, for any reason.

The association says the importance of conscientious objection as a criterion for assessing the quality of a legal system is evidenced by International Conscientious Objection Day, observed on 15 May.

It considers as problematic attempts to devalue the institution of conscientious objection through social dilemmas surrounding abortion and similar topics that cause polarisation and calls for a joint approach by different scientific disciplines and professions as well as interest groups, in discussing it.

"Any public political, social or other moralising without clear medical and legal arguments is not acceptable and can only cause deep value, moral and ethical divisions in the already fairly polarised Croatian society", the association's president, Miran Cvitković, says.

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ZAGREB, 11 May 2022 - The Croatian Medical Chamber (HLK) said on Wednesday the right to conscientious objection was guaranteed by international and national legal documents and regulations, rejecting unsubstantiated attacks on that medical institute and opposing its abolishment.

The HLK expressed regret and sympathy for the difficult situation Mirela Čavajda and her family have found themselves in, but noted that it did not consider the case to be about conscientious objection.

Čavajda is a 39-year-old who has requested a pregnancy termination because the fetus has been diagnosed with massive brain cancer six months into her pregnancy. She recently told the Index web portal that all hospitals in Zagreb she contacted had refused to do a termination of pregnancy despite the fact that doctors told her that the tumour was so big the child most likely would not live long, and even if it did, it would never have a normal life.

Her complaint against the hospitals' decision is to be discussed by a second-instance commission at the KBC Zagreb Hospital, whose expert commission, formed last week at the request of Health Minister Vili Beroš, was of the view that the child has a chance to live and that neurosurgical treatment is possible if the delivery goes well.

The EU Charter of Fundamental Rights, legally binding on all members, guarantees every individual the right to conscientious objection, in line with national legislation, the HLK said, recalling that that right is also guaranteed by the Universal Declaration of Human Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights.

In Croatian legislation, the right to freedom of conscience is regulated by the Constitution, while the right to conscientious objection for physicians is regulated by the Medical Profession Act and the Code of Medical Ethics, the HLK says, describing as unacceptable recent blanket criticisms of gynecologists in the media and public.

It expressed concern over Zagreb Mayor Tomislav Tomašević's statement that it was unacceptable that all medical staff at Sveti Duh Hospital (founded by the city of Zagreb) are conscientious objectors, with HLK president Krešimir Luetić claiming Tomašević was exerting pressure on doctors.

The HLK stresses that the right to conscientious objection was often depicted  in public as an obstacle to exercising the legal right to abortion.

According to HLK's data, the service of pregnancy termination is available on request in 28 medical institutions in Croatia.

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ZAGREB, 5 May 2022 - Female lawmakers from the Social Democratic Party (SDP), Social Democrats, Green-Left Boc, Centre, GLAS, Croatian Peasants' Party (HSS) and Workers' Front announced on Thursday they would once again send a motion to Parliament for abortion to be made available in all hospitals in Croatia.

"The case where a child was diagnosed with a malignant tumour in the 26th week of pregnancy and could die, and if it doesn't, it will live like a vegetable has shaken us all but unfortunately, this is just the consequence of a problem that Croatia has been faced with for years," MP Sabina Glasovac (SDP) said at a joint press conference.

Glasovac said that the law treats Croatian women as "second-rate" recalling that the Constitutional Court had clearly said already in 2017 that the present law, dating from 1978, should be updated and made implementable. The government has done nothing in that regard "because of fear of losing part of its electorate and in that way, it is sacrificing the health and lives of women."

Glasovac said that the opposition did not just watch from the sidelines but reacted in 2020 by  submitting a bill. However, the government did not react to it.

She announced that the opposition would once again submit its bill into the procedure and collect signatures from MPs to 'push' it onto the Sabor's agenda prior to the summer recess.

"We will seek that every health institution regardless of conscientious objection ensures a sufficient number of doctors who will provide this medical service to terminate a pregnancy without seeking the reason for it, for it to be ensured and legally implementable," Glasovac announced.

Katica Glamuzina (Social Democrats) said that they are inviting Health Minister Beroš to come to the Sabor and explain why the law has not been adopted in the past three years, why the conscientious objection is not regulated by any act and why patients are referred to Slovenia to pay €1,000 for something they should have for free in their own country.

Raukar Gamulin (ZLB): System has left the desperate pregnant woman on her own

Urša Raukar Gamulin (Green-Left Bloc) said that the incomprehensible tragedy of a pregnant woman was not enough and that the system has left her to be completely on her own.

"The thing that happened to that pregnant woman is a tragedy of the system and has shown that there is no 'health system' to protect women. The system is obliged to ensure an abortion for every woman regardless of conscientious objection because what is happening now is inhumane and has no regard for that woman. We do not know how many women have been referred to Slovenia to solve their problem, but as she said, she is a citizen of Croatia and wants to solve her problem in Croatia," Raukar Gamulin said.

Katarina Peović (Workers' Front) warned  that the vested right, support from the science community, and support from the legislature for women ensuring their health and right to manage their own bodies "did not last long."

"We will fight with all our means to raise that issue to a higher level, to put it in the public sphere, because only the fight by both men and women can restore this right that was once won," she said.

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