Judgment reserved in Northern Ireland abortion challenge

NI Human Rights Commission wants abortion legalised in cases of serious foetal abnormality, rape and incest

Sarah Ewart (left) who had to travel to England from Northern Ireland to have an abortion in 2013 after being told her unborn baby had no chance of survival, with Grainne Teggart from Amnesty International. Photograph: Lesley-Anne McKeown/PA Wire
Sarah Ewart (left) who had to travel to England from Northern Ireland to have an abortion in 2013 after being told her unborn baby had no chance of survival, with Grainne Teggart from Amnesty International. Photograph: Lesley-Anne McKeown/PA Wire

Judgment has been reserved in a landmark legal bid against Northern Ireland’s abortion laws.

Mr Justice Mark Horner said he realised a verdict would be eagerly anticipated but the complex and emotive case required "mature reflection".

The judge told Belfast High Court: "It will come as no surprise that I will not be making an immediate judgment on this case.

“The quality and quantity of the arguments both written and oral has given me food for thought.

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“I have not made up my mind.”

The Northern Ireland Human Rights Commission (NIHRC) is seeking to legalise abortion in cases of serious foetal malformation, rape and incest.

Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland and termination of pregnancy is only permitted if a woman’s life is at risk or if there is a permanent or serious risk to her mental or physical health.

Anyone who unlawfully carries out an abortion could be jailed for life.

The region’s Department of Justice (DOJ) has carried out a public consultation on changing the law to allow abortion in cases of fatal foetal abnormality but, the NIHRC has claimed the consultation paper, submitted to the Stormont Executive earlier this month, does not go far enough.

It said legal proceedings had been launched as a last resort.

The three day judicial review hearing has included representations from the DoJ, the Catholic clergy and Sarah Ewart, the 24-year-old woman whose experience of having to travel to England for an abortion in 2013 shot a public spotlight on the issue of fatal foetal abnormality.

PA