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Legal ruling finds Northern Ireland abortion restrictions 'incompatible with human rights'

Northern Ireland's heavily restricted abortion laws could be relaxed after a judge found they wer...
Newstalk
Newstalk

11.44 30 Nov 2015


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Legal ruling finds Northern Ir...

Legal ruling finds Northern Ireland abortion restrictions 'incompatible with human rights'

Newstalk
Newstalk

11.44 30 Nov 2015


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Northern Ireland's heavily restricted abortion laws could be relaxed after a judge found they were in breach of human rights legislation.

Belfast High Court had heard a legal challenge from the Northern Ireland Human Rights Commission, which argued that women should be given access to legal terminations in cases of incest, rape, or fatal foetal abnormality (FFA).

Under existing laws, abortions are only permissible if the life or mental health of the mother is in danger – which has left hundreds of women with no choice but to travel to England and Wales for a termination.

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Judge Mr Justice Mark Horner said denying an abortion to a mother in cases of FFA was a "gross interference with her personal autonomy".

He also ruled that victims of sexual crime were being disproportionately burdened by current legislation, adding: "She has to face all the dangers and problems, emotional or otherwise, of carrying a foetus for which she bears no moral responsibility and is merely a receptacle to carry the child of a rapist and/or a person who has committed incest, or both".

"In doing so, the law is enforcing prohibition of abortion against an innocent victim of a crime in a way which completely ignores the personal circumstances of the victim".

Although Northern Ireland's Department of Justice had recommended abortion laws were relaxed in circumstances of FFA, the Human Rights Commission believed this change was not enough.

In a statement, the Commission said it welcomed the ruling – and claimed it would help to protect women and girls throughout Northern Ireland.

Chief commissioner Les Allamby says it is an "historic" decision.

The Department of Justice there now has six weeks to lodge an appeal, and if it fails to do so, it will fall to Northern Ireland Assembly to amend the law if necessary.

The decision could have knock-on effects in the Republic, which is also subject to the European Convention on Human Rights - but which has its own constitutional ban on abortion in those cases.

Colm O'Gorman, executive director with Amnesty Ireland, told Newstalk Lunchtime this may put a bigger impetus under the government here.


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