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N Ireland Abortion Law 'Breaches Human Rights'

N Ireland Abortion Law 'Breaches Human Rights'

Northern Ireland's heavily restricted abortion laws could be relaxed after a judge found they were in breach of human rights legislation.

Belfast High Court had heard a legal challenge from the Northern Ireland Human Rights Commission, which argued that women should be given access to legal terminations in cases of incest, rape, or fatal foetal abnormality (FFA).

Under existing laws, abortions are only permissible if the life or mental health of the mother is in danger – which has left hundreds of women with no choice but to travel to England and Wales for a termination.

Judge Mr Justice Mark Horner said denying an abortion to a mother in cases of FFA was a "gross interference with her personal autonomy".

He also ruled that victims of sexual crime were being disproportionately burdened by current legislation, adding: "She has to face all the dangers and problems, emotional or otherwise, of carrying a foetus for which she bears no moral responsibility and is merely a receptacle to carry the child of a rapist and/or a person who has committed incest, or both.

"In doing so, the law is enforcing prohibition of abortion against an innocent victim of a crime in a way which completely ignores the personal circumstances of the victim."

Although Northern Ireland's Department of Justice had recommended abortion laws were relaxed in circumstances of FFA, the Human Rights Commission believed this change was not enough.

In a statement, the Commission said it welcomed the "historic" ruling – and claimed it would help to protect women and girls throughout Northern Ireland.

However, the Pro Life Campaign in Northern Ireland has said the verdict "has set the value of the unborn child at zero".

Dr Ruth Cullen added: "Article 8 of the European Convention of Human Rights protects against 'inhumane and degrading treatment', but abortion itself is inhumane and degrading to the unborn child whose life is ended.

"This is the reality which the judge did not acknowledge, but which must now be discussed."

The Department of Justice now has six weeks to lodge an appeal, and if it fails to do so, it will fall to Northern Ireland Assembly to amend the law if necessary.