The Challenge
In 2021, the NIHRC initiated legal action against the Secretary of State for Northern Ireland, NI Executive and Department of Health for their failure to commission and fund abortion services in Northern Ireland.
The NIHRC argued that the Secretary of State had failed in his duty, under section 9 of the Northern Ireland (Executive Formation etc) Act 2019, to expeditiously ensure that paragraphs 85 and 86 of the CEDAW report were implemented in respect of Northern Ireland. [link CEDAW]
Furthermore, that the failure or refusal of the Executive Committee and Minister of Health to commission and fund abortion services in Northern Ireland constituted a breach of the Article 8 ECHR rights of women and girls.
The NIHRC issued these own-motion proceedings under section 71(2B) of the Northern Ireland Act 1998.
Human Rights engaged
Article 8 ECHR
Outcome
The High Court made a declaration that, between April 2020 and March 2021, the Secretary of State for NI failed to comply with his duties under section 9 of the Northern Ireland (Executive Formation etc) Act 2019 in that he failed to ensure expeditiously that the State provide women with access to high quality abortion and post abortion care in all public health facilities in Northern Ireland. [Link NIEfA]
Judgments
High Court Re NIHRC [2021] NIQB 91