Northern Ireland's abortion law breaches UK's human rights commitments, court rules
Sarah Ewart, who had an abortion in London after she was refused a termination in NI, says the ruling is a "massive victory".
Thursday 3 October 2019 13:00, UK
Northern Ireland's strict abortion law breaches the UK's human rights commitments, the High Court in Belfast has ruled.
Abortion is illegal in Northern Ireland unless there is a direct threat to the mother's life, or a risk of permanent and serious damage to her mental or physical health.
Rape, incest or diagnoses of fatal fetal abnormality are not grounds for a legal abortion.
It means women have to travel elsewhere for the procedure to avoid breaking the law.
Sarah Ewart was refused a termination in 2013 and had to make that journey after being told her baby had a fatal brain defect.
The 29-year-old travelled to a London clinic to end her pregnancy after doctors said her unborn child would die in the womb or shortly after birth.
She said Thursday's ruling was "a turning point for women in their campaign against the outdated laws prohibiting abortion in Northern Ireland".
"It should never have come to this," she said.
"Today's ruling is a vindication of all those women who have fought tirelessly to ensure that we never again have to go through what I did in 2013."
She said the case "has not been an easy journey" and caused "massive stress emotionally on all the family".
Mrs Justice Siobhan Keegan, who heard the case, said: "In my view her personal testimony is compelling."
The judge followed the ruling of the Supreme Court that abortion law in Northern Ireland was incompatible with Article 8 of the European Convention on Human Rights.
She said Ms Ewart had been affected by the current law and had a legal standing to challenge it.
The judge said: "She has had to modify her behaviour in that she could not have medical treatment in Northern Ireland due to the risk of criminal prosecution.
"She may be actively affected in the future. In my view her personal testimony is not disputed."
She said the prospect that another young woman would be required to pursue litigation and face the same "trauma and pain" should be avoided in future.
"I cannot see that this would serve any benefit or it would be right to ask another woman to relive the trauma," she added.
The judge said a formal declaration of incompatibility would not be made at this stage.
Abortion is likely to be legalised in Northern Ireland next year unless Stormont's Assembly is restored by 21 October.
MPs at Westminster voted for the measure in July via amendments to legislation designed to keep Northern Ireland running in the absence of a devolved executive.
The move was passed after MPs were given a free vote on the matter, which is traditionally treated as an issue of conscience in the House of Commons.
The devolved institutions at Stormont have been suspended for two-and-a-half years and that has contributed to inaction over the matter.