Change to Northern Irish Abortion Laws Not Imminent Despite Ruling
By Dora Ramos Dec 17, 2015A Belfast judge has ruled that Northern Ireland's government should ease restrictions on abortion because the prevailing law denies women the right to end pregnancies caused by rape or incest.
The decision comes just weeks after the Honorable Mr Justice Horner ruled Northern Ireland's near blanket ban on abortion breaches Article 8 of the European Convention on human rights-the right to family and private life.
Unlike the rest of the United Kingdom, abortion is only permitted in Northern if a woman's life is at risk or there is a permanent or serious risk to her mental or physical health.
The 1967 abortion act does not apply in Northern Ireland, and those who have the procedure or assist with carrying it out, face jail.
Reading his final conclusion to the packed courtroom, he acknowledged that to interpret sections 58 and 59 of the Offences Against the Person Act 1861, the law which specifically protects the child in the womb, to allow for abortion in cases of rape, incest and when the unborn child has been diagnosed with a life-limiting disability, would be "a step too far".
"It now falls to the Department and the Northern Ireland Executive to bring forward legislation to reflect the judgment of the Court".
"Today's ruling is a triumph for reason, compassion and human rights", he added.
She also said that in the New Year she will be seeking meetings with Northern Ireland's first and deputy first ministers as well as the ministers for justice and health.
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"The commission will await to see how the department and the executive will take this forward or if any appeals will be lodged".
The issue will be debated in Stormont tomorrow.
Mr Justice Horner's judgment on Wednesday morning instead put the onus on the Northern Ireland assembly to take on board his decision - but there is no legal compunction on the politicians at the Stormont parliament to change the law.
Sarah Ewart travelled to England for an abortion because her baby had no chance of survival.
"Unfortunately, I have a high risk of a fatal foetal diagnosis with every pregnancy I have".
"Justice Horner has directed our politicians to stop turning their backs on me and women in similar positions".
"Having given due consideration to all submissions and the arguments raised therein, I conclude that such a view is correct", he said.
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