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15/06/2015

Legal Challenge To NI's Abortion Law Begins

A legal challenge to Northern Ireland's abortion law is expected to begin today at Belfast's High Court.

The judicial review of the law has been launched by the Northern Ireland Human Rights Commission (NIHRC). The hearing is expected to last for three days. The NIHRC wants abortion to be legalised in the region in cases of rape, incest or where there is a "serious malformation" of a foetus. Currently, such cases are not grounds for a legal termination in NI as the law is different from the rest of the UK.

During the judicial review, with High Court will hear from both pro-choice and anti-abortion campaigners.

Currently, a termination of pregnancy is available in Northern Ireland if it is necessary to preserve the life of a woman where there is a risk of a serious and adverse effect on her physical or mental health, which is either long term or permanent. It is against the law to perform an abortion unless it is on these grounds and this is the issue the Commission is challenging. They say they are seeking a change in the law so that women and girls in Northern Ireland have the choice of accessing a termination of pregnancy in circumstances of serious malformation of the foetus, rape or incest. As NI's law does not provide access to a termination of pregnancy in all of these circumstances, the Commission feels this is in violation of human rights.

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Les Allamby, Chief Commissioner, NIHRC, said: "It is appropriate for the Human Rights Commission to take this legal challenge in our own name. We recognise the particular sensitivities of the issue. It is a matter of significant public interest to ensure that the rights of vulnerable women and girls in these situations are protected. It is in everyone's interest that the law is clarified in this area."

In October 2014, Northern Ireland's Department of Justice published a public consultation on proposals to amend the criminal law on abortion, to allow for termination of pregnancy in cases of lethal foetal abnormality and sought views on sexual crime. Just a few months later, in December, the NIHRC initiated legal proceedings against the Department of Justice as a last resort, arguing that the current law violates the human rights of women and girls, and that the consultation published by the Department did not commit to making the changes that were necessary in law.

In February 2015, the Commission successfully applied for leave to judicially review the law on termination of pregnancy in Northern Ireland at the High Court. Two months later, and speaking after the public consultation was completed, Justice Minister David Ford announced a recommended change to Northern Ireland's abortion law.

(JP)

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"A legal challenge to Northern Ireland's abortion law is expected to begin today at Belfast's High Court."