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Abortion: Court challenge to NI law to begin | Abortion: Court challenge to NI law to begin |
(about 4 hours later) | |
A legal challenge to Northern Ireland's abortion law is due to begin at the High Court in Belfast later. | A legal challenge to Northern Ireland's abortion law is due to begin at the High Court in Belfast later. |
The Northern Ireland Human Rights Commission (NIHRC) wants abortion to be legalised in cases of rape, incest or "serious malformation" of a foetus. | The Northern Ireland Human Rights Commission (NIHRC) wants abortion to be legalised in cases of rape, incest or "serious malformation" of a foetus. |
Such cases are not grounds for a legal termination in Northern Ireland, where the law differs from Great Britain. | Such cases are not grounds for a legal termination in Northern Ireland, where the law differs from Great Britain. |
The High Court judicial review will take submissions from both pro-choice and anti-abortion campaigners. | The High Court judicial review will take submissions from both pro-choice and anti-abortion campaigners. |
'Living nightmare' | 'Living nightmare' |
Among those making submissions will be Sarah Ewart, a Northern Ireland resident whose personal story put abortion back on the news agenda in 2013 when she spoke to the Nolan Show on BBC Radio Ulster. | |
At 20 weeks pregnant, she travelled to England for an abortion after her baby had been diagnosed with anencephaly - a condition where the brain has not developed. | At 20 weeks pregnant, she travelled to England for an abortion after her baby had been diagnosed with anencephaly - a condition where the brain has not developed. |
Under current abortion law in Northern Ireland, she was advised that as her health was not at risk she would have to carry the baby full term. | Under current abortion law in Northern Ireland, she was advised that as her health was not at risk she would have to carry the baby full term. |
After going public, her story triggered political and legal debate and led to the NIHRC's judicial review action. | After going public, her story triggered political and legal debate and led to the NIHRC's judicial review action. |
Ahead of the hearing, Mrs Ewart said: "I am an ordinary woman who suffered a very personal family tragedy, which the law in Northern Ireland turned into a living nightmare. | Ahead of the hearing, Mrs Ewart said: "I am an ordinary woman who suffered a very personal family tragedy, which the law in Northern Ireland turned into a living nightmare. |
"I was told that my baby was likely to die before being born or shortly afterwards. All I kept thinking was - 'our baby has no brain, she cannot live'. | "I was told that my baby was likely to die before being born or shortly afterwards. All I kept thinking was - 'our baby has no brain, she cannot live'. |
'No option' | 'No option' |
"I simply could not face it, but the law in Northern Ireland meant I had no option but to go to England and take myself away from the care of the doctors and midwife who knew me. I was 23 years old and totally devastated. | "I simply could not face it, but the law in Northern Ireland meant I had no option but to go to England and take myself away from the care of the doctors and midwife who knew me. I was 23 years old and totally devastated. |
"I, and many women like me have been failed by our politicians. After they left me with no option but to go to England for medical care. Now, by their refusal to change the law, they leave me with no option but to go to the courts on my and other women's behalf." | "I, and many women like me have been failed by our politicians. After they left me with no option but to go to England for medical care. Now, by their refusal to change the law, they leave me with no option but to go to the courts on my and other women's behalf." |
Amnesty International is also joining the court challenge to Northern Ireland's abortion law. | Amnesty International is also joining the court challenge to Northern Ireland's abortion law. |
Grainne Teggart from Amnesty said: "Northern Ireland's laws on abortion date back to the 19th Century, carry the harshest criminal penalties in Europe and fail to protect women who have been raped, are victims of incest or whose pregnancies have been given a fatal foetal diagnosis." | Grainne Teggart from Amnesty said: "Northern Ireland's laws on abortion date back to the 19th Century, carry the harshest criminal penalties in Europe and fail to protect women who have been raped, are victims of incest or whose pregnancies have been given a fatal foetal diagnosis." |
She said the Northern Ireland Assembly was also failing women on a daily basis by not legislating for change. | She said the Northern Ireland Assembly was also failing women on a daily basis by not legislating for change. |
"Up to 2,000 women leave Northern Ireland every year to access termination of pregnancy services. That reality is a damning indictment of the executive's failure to prioritise women's healthcare," she said. | "Up to 2,000 women leave Northern Ireland every year to access termination of pregnancy services. That reality is a damning indictment of the executive's failure to prioritise women's healthcare," she said. |
'Very undemocratic' | 'Very undemocratic' |
However, Bernadette Smyth, director of the anti-abortion group Precious Life, criticised the NIHRC's legal action. | However, Bernadette Smyth, director of the anti-abortion group Precious Life, criticised the NIHRC's legal action. |
"I'm really concerned at this point that the Northern Ireland Human Rights Commission has totally ignored the views of the people here and the politicians. It's a very undemocratic move," Ms Smyth said. | "I'm really concerned at this point that the Northern Ireland Human Rights Commission has totally ignored the views of the people here and the politicians. It's a very undemocratic move," Ms Smyth said. |
"I'm greatly concerned that a so-called human rights organisation wants to take a case that will take the rights of unborn children, who have a fundamental right to be born." | "I'm greatly concerned that a so-called human rights organisation wants to take a case that will take the rights of unborn children, who have a fundamental right to be born." |
Other groups making submissions to the judicial review are Alliance for Change, Society for the Protection of the Unborn Child, Catholic Bishops NI, the Family Planning Association, Marie Stopes and Northern Ireland's attorney general. | Other groups making submissions to the judicial review are Alliance for Change, Society for the Protection of the Unborn Child, Catholic Bishops NI, the Family Planning Association, Marie Stopes and Northern Ireland's attorney general. |