Context
The Commission initiated judicial review proceedings against the Department of Justice in respect of the law on termination of pregnancy in Northern Ireland. The Commission argued that the limited availability of termination services in Northern Ireland was contrary to Articles 3, 8 and 14 of the European Convention on Human Rights (ECHR). The Commission further argued that the denial of access of such services in Northern Ireland was discriminatory against women on the basis that this is an issue that primarily affects women.
Associated Court Rulings
- Northern Ireland Human Rights Commission’s Application [2015] NIQB 96
- Northern Ireland Human Rights Commission’s Application [2017] NICA 42
- Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27
Human Rights Laws engaged
The Commission argued that the criminal law in NI infringed upon Article 8 of the ECHR. The Commission argued that this was due to the limited access to termination services even in instances of rape, incest and fatal foetal abnormality.
Additionally, the Commission argued that there was a real possibility of an individual case falling within the scope of Article 3 of the ECHR. This is where such a limitation on accessing termination services could render an individual as a victim of inhumane and degrading treatment.
Article 3: Freedom from torture and inhuman and degrading treatment or punishment.
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 8: Right to privacy
(1) Everyone has the right for his private and family life, his home and his correspondence.
2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 14: Discrimination
The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Current Status
The law on termination of pregnancy has now been amended, producing The Abortion (Northern Ireland) (No.2) Regulations 2020. These regulations now allow for terminations within the jurisdiction of Northern Ireland in the following circumstances:
- under any circumstances for a pregnancy not exceeding 12 weeks;
- where the pregnancy poses an actual or reasonably foreseeable risk to the mental or physical health of the pregnant woman and girls for a pregnancy not exceeding 24 weeks; or
- anytime during the pregnancy where there is an immediate necessity, a risk to life or a grave permanent injury to physical or mental health of a pregnant woman or girls, or in cases of severe foetal impairment or fatal foetal abnormality.