Court case over failure to fully commission and fund abortion services in NI to begin
The Human Right Commission (HRC) is arguing the failure to commission and fund the services breaches the European Convention on Human Rights.
A court case will start today over the failure to fully commission and fund abortion services in Northern Ireland, which was made legal in 2019.
The Human Right Commission (HRC) is arguing the failure to commission and fund the services breaches the European Convention on Human Rights.
Abortion was decriminalised in 2019 in NI, but full services have been stalled.
The case is against the Secretary of State, the Department of Health and the Northern Ireland Executive for failing to fully commission and fund the services.
Northern Ireland's Department of Health has said the matter is "controversial" and any decision on abortion services must be made by the whole executive.
The HRC NI are supporting a local woman's case, who they say was forced to buy abortion pills online.
In 2020, the woman was told she could not have an abortion through her local trust as the service was unavailable in her area.
She was told she would instead have to travel to England during the pandemic to have her abortion.
The woman gave this statement to the court:
"The service in my Trust area was suspended and I could not be referred anywhere else in Northern Ireland. Travelling to England would have put me at risk at a time when we were being urged not to travel.
**_"I felt it was deeply unfair I could not access a service because of where I lived and that I had to go through this without local clinical support"_**
"There were other reasons why I did not wish to travel to England. It would have left me having to explain why I was travelling to England at the time of the pandemic and needed time off work at short notice.
"I utilised the service of ‘Women on the Web’ and paid for early medical abortion pills. This was not a service I wanted to use but I felt that I was left with no choice and I felt I was having to take a risk I could have avoided.
"I was very aware that ‘Women on the Web’ were providing the service remotely and while I received supportive advice from them it was no substitute for the reassurance that accessing a NHS service would provide. In particular, I was advised that if anything went wrong as a result of taking the pills I should present myself to my GP or go to A&E in my local hospital.
"From my experience I was struck my how lucky I was that I had a supportive husband, that my financial circumstances were such that I could pay for early abortion pills and that I did not have any difficulties once I had taken them.
"Nonetheless having to deal with this unexpectedly and at such short notice was extremely stressful and I do wonder what it would be like for other women facing different circumstances.
"I felt it was deeply unfair I could not access a service because of where I lived and that I had to go through this without local clinical support and ready access to after care services if needed."
Chief Commissioner of the Northern Ireland Human Rights Commission Les Allamby added:
"This ‘pass the parcel’ where the music never stops has been going on for over a year with little sign of movement until we decided to go to court. It is indefensible that in 2021 women and girls are still being asked to travel to England to access abortion services or being left with no other option than to take unregulated pills.
"We are disappointed at having to take legal action again, however, whilst women and girls human rights continue to be violated we will continue to challenge the law and practice in Northern Ireland. We would like to thank the woman who has bravely supported this case and shared her story to help further women and girls from having to go through such experiences in the future.”
Pro-life court case
Meanwhile, The Society for the Protection of Unborn Children (SPUC) is taking legal action against Westminster over a "devolution power grab" over Northern Ireland's abortion laws.
The pro-life group is raising £100,000 to fund the case, which is expected to be heard at the High Court later in the year.
It is challenging new regulations handing Northern Ireland Secretary Brandon Lewis the power to direct Stormont ministers on implementing a "fully-funded abortion service" over the heads of MLAs.
SPUC questions the "validity and lawfulness" of the regulations, and wants the High Court to declare them "of no force or effect".
It also wants the court to rule that NI ministers are under "no obligation to comply with any direction issued by the Secretary of State under the 2021 regulations".