Northern Ireland abortion laws break UK human rights, court rules

Tim Baker3 October 2019

Northern Ireland's strict abortion law breaches the UK's human rights commitments, the High Court in Belfast has ruled.

Mrs Justice Siobhan Keegan said Sarah Ewart, who took the case, was a victim.

Ms Ewart had to travel to England to get an abortion after being told her pregnancy was not viable.

She was told that she would be unable to get the procedure done in Northern Ireland and she may end up in prison.

The judge said: "Her personal testimony is compelling

"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."

Ms Ewart embraces her mother after the result
PA

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.

"The decision on the substantive capabilities issue was intended to have persuasive effect," she added.

She said Ms Ewart had legal standing to challenge the law.

Ms Ewart said: "It is a massive emotional relief.

"This has not been an easy journey."

"It is a massive victory."

"It has been a massive stress emotionally on the family but six years later let's enjoy today."

The judge 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.

She said: "I cannot see that this would serve any benefit or it would be right to ask another woman to re-live the trauma."

The judge will hear further submissions before deciding what action to take.

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