Lesley & Others

Thank you for highlighting this on-going controversy

In the recently published book, Supporting women to give at home, in Chapter 4 p 89-90 We have included the controversy presently on-going in Hungary and Agnes Gereb's and other midwives plight. In addition when I was researching the literature re: homebirths I came across this case (Ternovsky v Hungary) where the European Court of Human Rights, 2010 upheld the woman's right to chooose where to give birth and decreed that Article 8 of the European Convention (right to private and family life) had been violated See below.


Ternovsky v. Hungary (67545/09)
14.12.2010
The applicant complained about being denied the opportunity to give birth at home, arguing that midwives or other health professionals were effectively dissuaded by law from assisting her, because they risked being prosecuted. (There had recently been at least one such prosecution.) The Court found that the applicant was in effect not free to choose to give birth at home because of the permanent threat of prosecution faced by health professionals and the absence of specific and comprehensive legislation on the subject, in violation of Article 8 right to respect for private and family life).

A bill was passed in the Republic of Hungary to legalise homebirth as of 1 May 2011 but midwives are still under great threat. The RCM supports the release of Agnes Gereb and for the introduction of legislation in Hungary which would support midwives to perform out-of-hospital births. They released a press release.

Mary

Dr Mary Steen
Professor of Midwifery
Faculty of Health & Social Care
Riverside Campus
University of Chester
CHESTER
CH1 1SL
Tel: 01244 512284

From: A forum for discussion on midwifery and reproductive health research. [[log in to unmask]] on behalf of Page, Lesley [[log in to unmask]]
Sent: 13 February 2012 18:49
To: [log in to unmask]
Subject: Re: Re : RE: Agnes Gereb-Hungary

There is a later message telling us what we can do-did you get this?
 
Lesley
Professor Lesley Page
Visiting Professor in Midwifery
mobile 07747708630
 
 
 
 
 
 
 
From: A forum for discussion on midwifery and reproductive health research. [[log in to unmask]] On Behalf Of Carolyn Roth [[log in to unmask]]
Sent: 13 February 2012 15:43
To: [log in to unmask]
Subject: Re: Re : RE: Agnes Gereb-Hungary

Thanks Lesley for reopening our attention to this terrible injustice. 

I look forward to initiatives for our support being offered.
Carolyn Roth
LME & Director of Undergraduate Programmes
Keele University
School of Nursing & Midwifery 
Clinical Education Centre
Newcastle Road
ST4 6QG

Tel. 01782 679698

On 13/02/2012 09:55, Sigfríđur Inga Karlsdóttir wrote:

Dear Jenny

 

I totally agree with Lesley we should not worry about cross posting-it, it is so important issue for all of us.  I hope we can somehow support her and her team in Hungary.

 

Best wishes

 

Inga

*****************************************

Sigfríđur Inga Karlsdóttir, midwife

Senior Lecturer

University of Akureyri

Sólborg v/Norđurslóđ
600 Akureyri

Iceland

 

 

From: A forum for discussion on midwifery and reproductive health research. [mailto:[log in to unmask]] On Behalf Of Page, Lesley
Sent: 12. febrúar 2012 20:08
To: [log in to unmask]
Subject: Re : RE: Agnes Gereb-Hungary
Importance: High

 

Dear Jenny

 

thank you for posting this-and I don't think we should worry about cross posting-it is an immensely important issue.

 

I visited Hungary just over a year ago at the invitation of the groups working to establish a right to home birth and the supporters of Agnes Gereb.

 

I wish to flesh out the situation a little. It is probably difficult for us to imagine the conditions of imprisonment for Agnes. It is inconceivable for us to imagine imprisonment in itself for a mortality  at a  home birth. But not only was Agnes imprisoned she was in maximum security with no phone, no mail and strictly restricted visiting.

 

Eventually she was released to house arrest. Agnes has suffered from the trauma of her imprisonment. There was some reluctance from some midwifery organisations to support her as there was dispute as to whether she was a registered midwife. I wish to clarify that she received education as an obstetrician and a midwife. Registration in Hungary was linked to employment, so possible for midwives working inside hospital but not those working in the community. For years i believe Agnes and her team provided the only possibility of attendance at home births in Hungary

 

Expert evidence in her trial was given by doctors with no experience in home birth, and who appear to have argued based on standards that are not evidence based.

 

The law in Hungary has been changed to allow home births but is highly restrictive.

 

I am waiting to hear how we can help further. I gather that Irene Walton has been very helpful in the protest over there. Sheila Kitzinger is involved in helping to coordinate a response from the UK.

 

I am aware that this is a research list-and would want to know from others if there is discomfort with posting this item. If so perhaps we should organise another 'venue'.

 

with my very best wishes

 

Lesley

 

Professor Lesley Page

Visiting Professor in Midwifery

mobile 07747708630

 

 

 

 

 

 

 

From: A forum for discussion on midwifery and reproductive health research. [[log in to unmask]] On Behalf Of jenny hall [[log in to unmask]]
Sent: 12 February 2012 19:07
To: [log in to unmask]
Subject: Agnes Gereb-Hungary

Apologies for cross posting- but feel this is important to share across the world as much as possible

 

---------- Forwarded message ----------
From: Free Birth in Hungary <[log in to unmask]>
Date: Fri, Feb 10, 2012 at 3:54 PM
Subject: Hungarian midwife, Ágnes Geréb sentenced to two years of
imprisonment
To: [log in to unmask]
Cc: [log in to unmask], [log in to unmask],
[log in to unmask]

*The Court Applied a Double Standard:*

*the Verdict is More Severe in the Case of Ágnes Geréb*

* *

The Hungarian Court sentenced Ágnes Geréb to two years imprisonment, the 5
year ban from practicing her profession had been changed to 10 years. She
is the first Hungarian midwife-obstetrician ever to receive a sentence of
imprisonment.

The Justice for Ágnes Geréb Movement and the Hungarian Civil Liberties
Union was shocked by the verdict. According to their position *midwives
were not provided the chance of real self-defense* in front of the court.
Although several international experts, among them the previous head of the
World Health Organization (WHO) verified that Hungarian midwives did not
commit any mistakes, the court had not considered their opinions and
refused to hear them as witnesses.

*The court applies a double standard*: it judges hospital and out of
institution births differently. While hospital doctors are rarely in front
of a criminal court and their cases mostly end in suspension, in the case
of midwives criminal procedure starts immediately when there are any
complications.

In other countries issues of midwifery are discussed, investigated and
judged in front of a professional board of obstetricians and midwives, in
Hungary *it is exclusively the doctors who submit their opinion having no
experience with homebirth practices*.

By today’s verdict the court maintains the criminalization of midwifery.

The HCLU and the Movement trusts in the positive judgment of the Hungarian
President in relation to the presidential pardon submitted in the case of
Ágnes Geréb and in that the President puts an end to the prosecution of
midwives.

After the announcement of the verdict Elizabeth Prochaska, British human
rights lawyer and Irene Walton, renowned British midwife-supervisor spoke
in support of Hungarian midwives at the demonstration taking place in front
of the court building.

*Justice for Ágnes Geréb Movement*
**
*For further information please contact:*
**
*Palma Fazakas: [log in to unmask]*
*or Gabriella Nagy: [log in to unmask]*
*+36-30-572-2506*
*or [log in to unmask]*

* *