The High Court bolsters Westminster’s push to bring abortion reform to Northern Ireland

Analysis: Campaigners say decision underlines harm caused by the current system, writes Maya Oppenheim

Sarah Ewart outside Belfast High Court (Getty)

Northern Ireland has one of the most restrictive abortion laws in the world and Victorian legislation means women seeking the procedure there can face up to life in prison.

But yesterday’s decision that Northern Ireland’s near-total abortion ban – which even bars the practice in instances of rape or incest – breaks the UK’s human rights obligations serves to delegitimise the stringent laws.

The case was brought by Sarah Ewart, who was made to travel to England to have her pregnancy terminated, despite being told there was no way her unborn child would survive due to a fatal foetal diagnosis.

Northern Irish law stipulates women can only have an abortion if there is either a risk to their life or a serious risk to their physical or mental health but fatal foetal abnormality – where doctors think the unborn baby will die in labour or before or after birth – is not considered valid grounds.

However, the court has now said in cases of fatal foetal abnormality, Northern Ireland’s abortion law conflicts with the UK’s commitments under the European Convention on Human Rights.

But what are the direct consequences of Belfast’s High Court ruling? The outcome effectively supports and bolsters the landslide vote which saw MPs in Westminster extend the right to abortion to Northern Ireland back in July. It was agreed abortion would be decriminalised there unless a devolved executive at Stormont is re-established by 21 October.

Although the ruling in Belfast High Court does not have a legal or technical impact on the decision to decriminalise abortion, it exerts political pressure on Westminster to push on with efforts to reform restrictions around abortion in Northern Ireland.

Grainne Teggart, the Northern Ireland campaign manager at Amnesty International, which supported Ms Ewart in her case, said: “It serves as vindication of the need for reform that was secured at the UK parliament. It is the courts saying to the UK government the existing law violates human rights and signifies change is needed and must happen now. The courts have spoken today and it is loud and clear.

“It is confirmation of the harm that has been caused by the existing system. We are at a critical point in the fight for abortion rights as both the UK parliament and the courts have signalled change needs to happen now. But nothing is secure until 21 October. We needed the courts to have the final say on this matter and confirm what we have long known – that the law needs to be overhauled. We eagerly look forward to 21 October and the law taking effect not just for Sarah but for other women.

“This will signal an end to the current regime which has harmed countless women and girls – including the mother whose prosecution for buying abortion pills for her daughter which will now fall away and the 12-year-old Northern Irish rape victim forced to travel to England under police escort for an abortion.”