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NI: UK Supreme Court to consider Northern Ireland abortion case next month

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Article Tags:
northern ireland
NI: UK Supreme Court to consider Northern Ireland abortion case next month

The UK Supreme Court will consider the compatibility of Northern Ireland’s abortion laws with human rights law late next month.

It is the latest move in a years-long legal battle between the Northern Ireland Human Rights Commission (NIHRC) and local authorities.

In November 2015, the High Court in Belfast ruled in favour of NIHRC’s argument that the prohibition of abortions in the case of fatal foetal abnormality or pregnancy as a result of rape or incest is incompatible with article 8 of the European Convention on Human Rights.

However, the ruling was overturned by the Court of Appeal in Belfast this summer. The Court also agreed to refer two devolution issues raised by the Attorney General for Northern Ireland on the issue of the standing of the Commission to bring the proceedings.

Over 24-26 October, the UK Supreme Court will consider:

  1. Whether sections 58 and 59 of the Offences against the Person Act 1861 and section 25 of the Criminal Justice Act (NI) 1945 are incompatible with articles 3, 8 and 14 of the ECHR in failing to provide an exception to the prohibition on the termination of pregnancy in Northern Ireland in cases of serious malformation of the unborn child/foetus or pregnancy as a result of rape or incest

  2. Whether the Northern Ireland Act 1998 entitles the appellant to bring proceedings under the Human Rights Act 1998, and to seek a declaration of incompatibility under section 4 of the Act, other than in respect of an identified unlawful act or acts

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