The challenge
The Abortion (Safe Access Zones) (Northern Ireland) Bill was passed by the NI Assembly on 24 March 2022. The Bill was to make provision for safe access zones for premises providing abortion services in NI.
The Attorney General for NI asked the UK Supreme Court to consider whether the offence created by Clause 5(2)(a) of the Bill, which does not provide a defence of reasonable excuse, is proportionate in respect of protesters’ rights to freedom of thought, conscience and religion, freedom of expression, and freedom of assembly under the European Convention on Human Rights.
The NIHRC had provided written and oral evidence to the Committee for Health’s during the passage of the Bill through the NI Assembly. Read our full response here.
The NIHRC was granted leave to intervene, making both written and oral submissions.
Human Rights engaged
Article 9, 10 and 11 ECHR in respect of those demonstrating against abortion. The NIHRC argued that the legislation must be considered in the context of the Article 8 ECHR rights of women and girls accessing services, together with the staff of those facilities.
Outcome
The UK Supreme Court held that the Abortion Services (Safe Access Zones) (Northern Ireland) Bill was compatible with the ECHR.