Local Abortion Law In Breach Of UK Human Rights

Belfast's High Court has ruled that local abortion laws are in breach of the UK's human rights commitments.

The ruling comes amid the landmark case of Sarah Ewart, who hailed today's decision a "massive relief".

Ms Ewart's six-year legal battle ensued after she was refused a termination in 2013, when doctors had confirmed her unborn child would die in the womb or shortly after birth.

Ms Ewart travelled to England for the procedure after receiving the fatal foetal diagnosis. Her case was supported by Amnesty International, who said today's ruling mounts pressure on the Government to deliver "free, safe and legal" abortion services in Northern Ireland.

The court stated that in cases of fatal foetal abnormality, Northern Ireland's abortion law is incompatible with the UK's human rights obligations under the European Convention on Human Rights.

In July, Parliament passed the Northern Ireland (Executive Formation) Act, which will see abortion decriminalised and made lawful including in cases of risk to health, sexual crime and where there is a serious and fatal foetal abnormality, unless the Stormont executive is restored by 21 October.

In light of this law change, the Court will now seek further advice about whether a formal declaration of incompatibility will need to be made.

"This ground-breaking ruling confirms just how horrific and abusive this law really is," said Grainne Teggart, Amnesty International's Northern Ireland campaign manager.

"This ground-breaking ruling is a huge win for abortion rights in Northern Ireland. The court has spoken - the abortion law is a clear violation of our rights.

"Earlier this year Parliament legislated to reform abortion law and bring an end to the near total ban which has harmed many.

"Today's ruling shows just how urgently we need change, so that we can access this healthcare without having to travel and without being treated as criminals.

"There can be no delay – we must see free, safe, legal and local abortion services opening up within months."

Following the decision, Sarah Ewart said: "I'm massively relieved that the judge has ruled in our favour. Too many women in Northern Ireland have been put through unnecessary pain by our abortion law.

"For nearly six years now I've not only been dealing with the experience of being denied an abortion following a fatal foetal diagnosis during pregnancy, but of being hauled through the courts so that others don't have to go through the trauma that I did."

Precious Life campaigners condemned the decision outside court this morning, Thursday 03 October.



(JG/CM)