Supreme Court turns down appeal over legality of NI's abortion law
However, majority of justices rule law is "incompatible" with human rights legislation
Last updated 7th Jun 2018
Human Rights campaigners today lost their Supreme Court appeal over the legality of Northern Ireland’s abortion law – even though the majority of judges said it was “incompatible” with human rights legislation.
A majority of a seven-strong panel of justices in London ruled the Northern Ireland Human Rights Commission had no legal standing to bring its challenge against the abortion law.
But, by a majority ruling, the judges expressed the “clear opinion” that the current legislation was “incompatible” with European human rights laws in the cases of fatal foetal abnormality, rape and incest.
The justices said the Supreme Court “has no jurisdiction'' in the proceedings to make a declaration of incompatibility or to strike down law.
During proceedings in October last year, the Northern Ireland Human Rights Commission told the court the current law criminalises “exceptionally vulnerable” women and girls and subjects them to “inhuman and degrading'' treatment.
A QC representing the commission argued that human rights were being breached, with those affected being forced to go through “physical and mental torture''.
Peter Lynas, NI director of the Evangelical Alliance, welcomed the ruling.
“It is not a moment to celebrate, but rather to pause and be thankful for the lives this judgment will save.
“This ruling makes clear that there is no legal requirement for a law change in Northern Ireland. The court did not find a human right to end a human life.”
Green Party MLA, Claire Bailey said she welcomed the fact that most of the judges had ruled the law “incompatible” with human rights legislation.
“I really welcome the ruling today what the Supreme Court has said is that NI abortion breach our human rights – and human rights are not a devolve matter they are solely in the remit of Westminster, “ she told Downtown & Cool FM.
“So this really forces Westminster to make the move to enact legislation and redress this human rights violation for the women in Northern Ireland.”
The court was asked to rule that a prohibition on abortions where a pregnancy arises from rape or incest, or “involves a serious foetal abnormality'' is unlawful.
Submissions were also made at the Supreme Court by a number of bodies, including seven of the UK's leading reproductive rights organisations, Humanists UK, Bishops of the Roman Catholic Dioceses in Northern Ireland, the Society for the Protection of Unborn Children and Amnesty International.
Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland.
Abortion is illegal except where a woman's life is at risk or there is a permanent or serious danger to her mental or physical health.
Anyone who unlawfully carries out an abortion could be jailed for life.
The Government has resisted calls to step in and legislate amid the ongoing power-sharing impasse in Northern Ireland, insisting that any decision on abortion in the region has to be taken by locally elected politicians at Stormont.