Monday, 25 Nov 2024

Northern Ireland’s abortion law breaches UK’s human rights commitments, court rules

Northern Ireland’s strict abortion law breaches the UK’s human rights commitments, the High Court in Belfast has ruled.

Abortion is illegal in Northern Ireland unless there is a direct threat to the mother’s life.

It means women have to travel to Great Britain for the procedure to avoid breaking the law.

Sarah Ewart was refused a termination in 2013 and had to make that journey after being told her baby had a fatal defect.

The 29-year-old travelled to a London clinic to end her pregnancy after doctors said her unborn child would die in the womb or shortly after birth.

Mrs Justice Siobhan Keegan, who heard the case, said: “In my view her personal testimony is compelling.”

The judge followed the ruling of the Supreme Court that abortion law in Northern Ireland was incompatible with Article 8 of the European Convention on Human Rights.

She said Ms Ewart had been affected by the current law and had a legal standing to challenge it.

The judge said: “She has had to modify her behaviour in that she could not have medical treatment in Northern Ireland due to the risk of criminal prosecution.

“She may be actively affected in the future. In my view her personal testimony is not disputed.”

She said the prospect that another young woman would be required to pursue litigation and face the same “trauma and pain” should be avoided in future.

“I cannot see that this would serve any benefit or it would be right to ask another woman to relive the trauma,” she added.

Ms Ewart said after the ruling: “It is a massive emotional relief. This has not been an easy journey.”

She added: “It is a massive victory. It has been a massive stress emotionally on the family but six years later let’s enjoy today.”

The judge will hear further submissions before deciding what action to take.

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