The Supreme Court has upheld for now the restrictive anti-abortion laws of Northern Ireland by dismissing a challenge to those laws on a technicality. The Court ruled today that the Northern Irish Human Rights Commission lacked standing to bring a case on abstract grounds. However, they said that a case could be brought by a woman who showed she had suffered harm due to the law. The Court then said that, in the event of such a case, they would in all likelihood rule against the anti-abortion law and declare its prohibition on abortion in the cases of rape, incest and so-called “fatal foetal abnormality” incompatible with European Human Rights law. At the same time, the Court issued a challenge to politicians that, while the ruling is not binding, they should take note of its content.

The judgement was welcomed by pro-life campaigners with Dawn McAvoy, co-founder of Both Lives Matter commenting: “It is not a moment to celebrate, but rather to pause and be thankful for the lives this judgment will save. The Supreme Court has dismissed the case brought by the Human Rights Commission. In doing so, it has made clear that there is no human right to abortion.”

She continued: “In simple terms, the Commission have lost. However, the court have indicated how they would have decided the case if the Commission had standing. There were split decisions in relation to the issues of fatal foetal abnormality and rape and incest cases. While we note the views of the court on these matters and are concerned by them, it is important to state that they are non-binding.”