Historic Ruling: Courts In Northern Ireland Say Law Against Abortion ‘Breaches Human Rights’


In a historic decision, the Belfast High Court in Northern Ireland has ruled that the language of the legislation against abortion in the nation is a breach of human rights. The ruling means that there will be an extension of protection against the very strict current legal reasons that women in Northern Ireland are allowed to get an abortion.

As the legislation stands, women are only allowed to get an abortion if her life is at risk or there is a chance that carrying the child to full term will cause serious mental or physical harm. The Northern Ireland Human Rights Commission (NIHRC) brought the challenge to legalize abortion in the cases of rape, incest, and in cases that the baby would be born with a fatal condition (fatal fetal abnormality).

Mr. Justice Horner said during the ruling on Monday that women who were the victims of sexual assault were entitled to exemptions in the law, as were those women positively identified as having pregnancies with cases of fatal fetal abnormality. The Attorney General of Northern Ireland, John Larkin, fought against the ruling and gave a statement afterwards that said he was “profoundly disappointed” by the court’s decision and was “considering the grounds for appeal.”

According to the Independent, despite Mr. Larkin’s feelings, Judge Mark stated that denying mothers an abortion in cases such as fatal fetal abnormality (FFA), rape, and incest was a “gross interference with her personal autonomy.”

Judge Mr. Justice Mark also went on to say that as Northern Ireland citizens were entitled to have their human rights upheld by the court. He spoke of the fact that the legislature seemed unlikely to grasp the issue any time in the foreseeable future, and the courts had a duty to protect the Convention rights of the citizens of Northern Ireland.

“I conclude that the Article Eight rights of women in Northern Ireland who are pregnant with fatal foetal abnormalities or who are pregnant as a result of sexual crime are breached by the impugned provisions… In the case of an FFA there is no life to protect. When the foetus leaves the womb, it cannot survive independently. It is doomed.”

Attorney General John Larkin argued in court that the public was not seeking a change to the laws. However, it was just last year that Northern Ireland’s Department of Justice did a public consultation regarding changing the law to allow women to get an abortion in cases of rape, incest, or FFA.

In 2013, a Northern Ireland woman’s story about having to travel to England to get an abortion gained prominence. After being advised her baby had anencephaly, which is a condition where the brain has not developed, Sarah Ewart was refused an abortion in NI and told that she had to carry the pregnancy to full term, since her health would not be negatively affected by doing so. Edwin Poots, who was health minister at the time, asked his officials to consider the case. The BBC spoke to Ewart’s mother regarding the ruling and found that she had immense relief that women like her daughter would now be able to get the help they need without their actions being labelled as criminal.

Amnesty International has loudly applauded the landmark decision and regarded it as a “hugely significant step.” They went on to express their own disappointment that politicians are failing women in Northern Ireland to the point where the courts have had to step in.

The official Judicial review of the abortion law was held in June, but the Judge’s delayed their announcement until today. The Department of Justice has about six weeks to decide whether or not to appeal the judgement.

[Image via A Katz/Shutterstock]

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