The challenge
The Society for the Protection of Unborn Children (SPUC) issued two judicial review applications in respect of the lawfulness of the Abortion (Northern Ireland) Regulations 2021 and Abortion Services Directions 2021.
The NIHRC was granted leave to intervene, making both written and oral submissions, before the High Court and Court of Appeal. The NIHRC’s submissions sought to assist the Court regarding our previous litigation in respect of the commissioning of abortion services and the engagement of Article 2(1) of the NI Protocol.
Human rights engaged
Article 2 ECHR; United Nations Convention on the Rights of Persons with Disabilities (CRPD), United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Article 2(1) NI Protocol
Outcome
The High Court dismissed the applications for judicial review on all grounds, confirming the lawfulness of the Regulations and Directions.
The Court of Appeal dismissed the appeal and affirmed the decision of the High Court.
Permission to appeal to the UK Supreme Court was refused in November 2023.
Judgments
High Court: Re SPUC Pro-Life Limited [2022] NIQB 9
Court of Appeal: Re SPUC Pro-Life Limited [2023] NICA 35