Human rights campaigners have lost a Supreme Court appeal over the legality of Northern Ireland’s abortion law.
The court dismissed an appeal brought by the Northern Ireland Human Rights Commission (NIHRC).
But a majority of judges said the existing law was incompatible with human rights law in cases of fatal foetal abnormality and sexual crime.
Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland.
Currently, a termination is only permitted in Northern Ireland if a woman’s life is at risk or if there is a risk of permanent and serious damage to her mental or physical health.
‘Inhuman’ treatment?
The commission lost on the issue of whether they had the required standing to bring the case.
The commission’s defeat came because of a technical legal point, analysts suggest.
The ruling comes just weeks after the Republic of Ireland voted decisively in a referendum to reform the country’s strict abortion laws, which had effectively banned all terminations.
The referendum reignited a debate about Northern Ireland’s law, with some calling for reform while others – including the biggest party, the the Democratic Unionist Party – remain opposed to changing the law.
The NICHR had argued that the current law subjects women to “inhuman and degrading” treatment, causing “physical and mental torture,” in violation of the European Convention on Human Rights (ECHR).
However, on Thursday, Supreme Court judges said it would have required the case to have been brought by a woman who was pregnant as a result of sexual crime or who was carrying a foetus with a fatal abnormality.
A fatal foetal abnormality diagnosis means doctors believe an unborn child has a terminal condition and will die in the womb or shortly after birth, although anti-abortion campaigners have argued that terminally-ill babies “can and do defy the odds”.
As a result, the judges did not make a formal declaration of incompatibility, which would normally lead to a change in the law.
Any change in the law will now be up to the politicians, either in Belfast or Westminster.
Source: BBC news
