A ruling by the High Court in Belfast for r provision of abortion in Northern Ireland in case of ‘fatal foetal abnormality’ has been strongly criticised
by pro-life groups and by the Catholic bishops of Northern Ireland.
The decision will almost certainly be appealed by the Northern Ireland Attorney General.
Following the ruling, in favour of a case brought by the Northern Ireland Human Rights Commission (NIHRC) contending that lack of access to abortion breaches women’s ‘human rights’, Dr Ruth Cullen of the Pro Life Campaign (PLC) pointed out that “there is no right to abortion in international human rights law”.
“Today’s outcome is a reminder that abortion allows some human lives to be judged less worthy of legal protection,” Dr Cullen continued. “It is the role of the judicial system to uphold and protect basic human rights like the right to life. Today’s decision means that in the eyes of the court certain categories of human beings are not deserving of legal protection. That’s a very frightening development.”
Bernadette Smyth of the Precious Life group said the ruling would see “the opening of the floodgates” to abortion provision in Northern Ireland.
“The right to life is granted neither by judges nor politicians but it is their duty to protect it,” she said. “We cannot and will not accept a ruling that is so morally wrong in denying the fundamental rights of the most vulnerable human beings in society.”
Ms Smyth expressed the hope that the North’s Attorney General, John Larkin will appeal the ruling. Mr Larkin announced subsequently that he is considering such a move.
The Catholic Bishops of Northern Ireland also criticised the ruling, saying they were “shocked and disturbed”.
The NIHRC successfully argued before Mr Justice Mark Horner that abortion in Northern Ireland should be extended to include cases arising from rape, incest and where there is fatal foetal abnormality. Currently, Northern Ireland is not subject to Britain’s 1967 Abortion Act and only allows for terminations where there is a direct threat to the physical or mental wellbeing of the mother.
Justice Horner agreed with the NIHRC that current rules impact negatively on women and their rights and described a woman’s inability to procure an abortion as “gross interference with her personal autonomy”.
He said it breached Article 8 of the European Convention on Human Rights, which deals with the right to privacy and family life. However, the European Court of Human Rights, which is the authoritative interpreter of the Convention, has never found a right to abortion on any grounds in the Convention.
