NI abortion ban “incompatible with Human Rights legislation” – Judge

The judges unanimously ruled: “If interviewed in Northern Ireland they would not be able to return to their homes during the interview period, but would have to be detained for their own safety in conditions of close custody”.

Speaking outside court yesterday, Les Allamby from the Human Rights Commission said the judgment was “a step forward” but added it is a possibility the matter could end up before the Supreme Court – which could take around three years.

“It is shameful that until now, women in Northern Ireland have been criminalised for taking the hard decision to terminate a pregnancy – often in very traumatic circumstances including rape and where the foetus will not survive”.

“They carry a very serious responsibility to bring our laws into line with those laws set down by the European Court of Human Rights”.

In cases of fatal foetal abnormality (FFA), the judge concluded that the mother’s inability to access an abortion was a “gross interference with her personal autonomy” and where a sexual crime has occurred a disproportionate burden is placed on victims, the judge said.

If a declaration of incompatibility is made, the onus will be on politicians at Stormont to find a way to change current legislation in Northern Ireland, although the declaration does not bind them to doing so.

Amnesty International has now called on the Assembly to “do their job”. Mrs Ewart’s first pregnancy was given a fatal foetal diagnosis, and she had to travel to England to terminate her pregnancy as Northern Ireland laws did not permit her to receive medical treatment within the region.

The Northern Ireland Human Rights Commission, which sued the government in hopes of forcing abortion reform, welcomed the judgment. But there are pro-choice and pro-life politicians on both sides of the political spectrum, and the issue is one of the most contentious up for debate.

“It now falls to the department and the Northern Ireland Executive to bring forward legislation to reflect the judgment of the court”.

Dawn Purvis, former director of Northern Ireland’s Marie Stopes clinic, told the Telegraph said she was “hugely disappointed” by the judgement.

Judicial review proceedings were issued after the Department of Justice launched a public consultation on amending the criminal law.

Mr Justice Horner can not overturn the 1861 legislation, but was given the option of either “reading down” the law or granting a declaration of incompatibility.