These days, the Croatian public read in the news that Mrs. Jaga Stojak, midwife, was fired because she refused to participate in an abortion at the Knin State Hospital. In support of the hospital authorities who reversed the unjust decision to fire her, we recall the relevant factors that should be considered in this case.
The Constitution of the Republic of Croatia guarantees freedom of conscience and religion to everyone. The refusal of anyone, even medical personnel, to participate in an abortion, is the voice of conscience and in many cases a practical reflection of the faith of a person who thereby refuses to participate in the murder of an unborn child.
The Nursing Act gives nurses the right to conscientious objection and the right to refuse to perform healthcare procedures if this does not violate the rules of the profession. It was nowhere stated that the midwife’s refusal to participate in the abortion that had begun at the Knin Hospital in any way endangered the health or life of the mother, and it is evident that the same midwife had refused to participate in abortions several times previously.
The Midwifery Act does not contain conscientious objection but nowhere in the description of the duties of a midwife are abortions mentioned but only a description of the contents of the healthcare of mothers and children.
We point out that the constitutional right of an individual is above the law and that the firing of Mrs Stojak in such a manner, although rescinded, was not only illegal but also unconstitutional.
Finally, on several occasions we have emphasized in our statements that laws deprived of a value system, especially those that promote the culture of death, should be replaced by those that promote the protection of a person as a whole, from birth to death. In this case, the courageous refusal to participate in the termination of an unborn life by the midwife Mrs. Jaga Stojak has shown everyone how an individual can find the courage to do something good, despite a system that supports the right of the choice of the individual instead of the right of a child to life. We hope that this brave act by Mrs. Stojak will encourage all of us to reflect on fundamental questions that are not being discussed in our midst: When does life begin and what are we doing to protect it? “Whatever you did for one of these least brothers of mine, you did for me” (Mt 25:40) Jesus told us. It is up to us to think about his words and recognize our brother, no matter how small and helpless he is.

In Zagreb, August 16, 2013
+Vlado Košić
President of the Justice and Peace Commission of the Croatian Conference of Bishops