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Appeal over NI women's non-entitlement to free NHS abortions in England NI abortion: Judges consider NHS England appeal
(about 11 hours later)
A young woman and her mother are due to appeal a High Court ruling that prevents women from Northern Ireland receiving free abortions on the NHS in England. The Court of Appeal has reserved judgement on a challenge by a young woman and her mother to a ruling that prevents women from Northern Ireland having free NHS abortions in England.
The woman had travelled to England when she was 15 years old in October 2012 for an abortion. Three appeal judges said they would take time to consider their decision.
Her mother struggled to raise funds to pay for her daughter to have a termination privately in England. The court heard the case is significant as 2,000 women and girls travel to England for terminations every year.
She and her mother took their case to the High Court in London last year. Unlike the rest of the UK, abortion is only allowed in very restricted circumstances in Northern Ireland.
The 18-year-old woman was aged 15 when she made the journey in October 2012 with her mother.
'Human rights issues'
She was told she had to pay hundreds of pounds for a private termination because she was excluded from free abortion services.
The teenager and her mother took their case to the High Court in London last year.
However, in May 2014, the judge ruled that Northern Ireland women were not entitled to free NHS abortions in England.However, in May 2014, the judge ruled that Northern Ireland women were not entitled to free NHS abortions in England.
In his ruling, the judge said that devolutionary powers have to be taken into consideration.In his ruling, the judge said that devolutionary powers have to be taken into consideration.
As Northern Ireland is not covered by the 1967 Abortion Act, which applies in the rest of the UK, the judge ruled this was not a discrimination issue.As Northern Ireland is not covered by the 1967 Abortion Act, which applies in the rest of the UK, the judge ruled this was not a discrimination issue.
The women who took the case are known only as A and B. A barrister for the two women, known only as A and B to protect their identity, argued their appeal should be allowed because the High Court decision was legally flawed in a number of respects, and errors had been made on human rights issues.
Speaking ahead of their appeal in London on Tuesday, their solicitor Angela Jackman said this was "very much a test case". Charity funds
"A challenge has not been brought so far despite this anomaly existing for so many years," she said. Backed by the Alliance for Choice organisation, which campaigns to extend legal abortion to Northern Ireland, he said the current situation was causing desperation and stress for the women and girls involved.
"It is a situation that women are forced into because of the current state of the law in Northern Ireland." The barrister said A had travelled to England with her mother and had a termination at a private clinic at the substantial cost of £900 because she was excluded from the NHS.
"The stress and anxiety caused to my clients and the fact that there are many women who cannot afford to raise the significant funds needed to travel to England means that if we are successful, it will have significant impact for hundreds of women from Northern Ireland." He said they were a low income family who paid for the operation because of funds provided by a charity.
She said this was an issue that remained "live and crucial" for hundreds of women in Northern Ireland who have to travel to England to get an abortion every year. "We are looking at UK citizens who are in a position they should not find themselves in," he said.
Unlike the rest of the UK, abortion is only allowed in very restricted circumstances in Northern Ireland.
More than 1,000 women each year travel from Northern Ireland to have an abortion in other parts of the UK.
Those who do travel must pay for their transport, accommodation and the cost of the procedure.
At the original hearing last year, the court was told that the total cost is about £900.