Abortion laws in Northern Ireland are “incompatible” with human rights

Monday’s ruling does not impact the nation’s abortion law at large, but strikes down the criminalization of abortions sought in cases of rape, incest or major malformation.

With no sign that lawmakers would pass reforms on their own, the Northern Ireland Human Rights Commission made a decision to try securing broader abortion rights through the courts.

Although Northern Ireland is part of the United Kingdom, the 1967 Abortion Act doesn’t apply in this part of the country, where abortions are illegal unless a woman’s life is at risk or if there is a severe or permanent risk to her mental or physical health.

The official Judicial review of the abortion law was held in June, but the Judge’s delayed their announcement until today. Undoubtedly, it will have placed these women who had to have their abortions in England under greater stress, both financial and emotional, by forcing them to have the termination carried out away from home. The judge has invited submissions by December 9, and will then decide whether it is possible to interpret existing legislation in such a way to ensure that no crime is committed in the case of rape, incest and fatal fetal abnormality.

With a committee to advise on whether to relax the Republic’s laws which give a mother and the unborn child equal rights to life, Amnesty International claimed current legislation is more restrictive and abusive than in Northern Ireland.

The NIHRC described the judgment as a landmark ruling.

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).

“Today’s result is historic, and will be welcomed by numerous vulnerable women and girls who have been faced with these situations”, Chief Commissioner Les Allamby said in a statement. Campbell volunteers as a clinic escort at Belfast’s only Marie Stopes clinic, ushering the tiny fraction of women now allowed abortions in Northern Ireland past baying crowds of anti-abortion protestors.

The Attorney General in Northern Ireland has expressed disappointment with the decision, indicating his intention to appeal.

Liam Gibson, Northern Ireland development officer for the Society for the Protection of Unborn Children (SPUC) said: “The ruling by Judge Mark Horner is dangerously flawed”.

A crucifix is seen at the 8th Annual All-Ireland Rally for Life at Custom House Square in Belfast City centre in Northern Ireland, on July 5, 2014.

The ruling by the High Court that Northern Ireland’s ban on abortion breaches human rights is dangerously flawed. It will, however, be complicated by the fact that the main political parties in Northern Ireland oppose loosening abortion restrictions.

“This includes women who are carrying a dead fetus or who have undergone extreme trauma”, Demant said.

Nonetheless, today’s recognition of the human rights of Northern Irish women is a cause for celebration.