Publications

Submission to Northern Ireland Committee on Health on the Severe Fetal Impairment Abortion (Amendment) Bill

Submission to Northern Ireland Committee on Health on the Severe Fetal Impairment Abortion (Amendment) Bill

Date produced May 2021.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC):

• 3.9 The Commission advises that the Bill’s proposal to remove access to abortion in circumstances of serious foetal impairment is incompatible with the UK’s obligations under the UN CEDAW.
• 3.10 The Commission further advises that in order to ensure that women’s decisions on this ground do not perpetuate stereotypes towards people with disabilities, the government should provide appropriate information and support to women and girls – both to those who choose to carry their pregnancies to term and those considering a termination on this ground.
• 3.14 The Commission advises that the UNCRPD recommendation must be read in conjunction with the joint statement by the CEDAW and CRPD Committee, in respect of the recognition of the bodily autonomy of women.
• 3.32 The Commission recommends that guidance is produced for Northern Ireland by the Department of Health, in conjunction with regulatory and professional bodies, in order to clarify what is meant by ‘severe fetal impairment’ and support the informed decisions made by women and their clinicians.
• 3.46 The Commission advises that in order for human rights protections to be practical and not illusory, women in NI should have access to the same services locally as they are entitled to access in other parts of the UK. The removal of access to abortion in situations of severe fetal impairment as proposed by the Bill, coupled with the limited diagnostic testing arrangements in NI, may result in violations of Articles 3 and 8 ECHR.
• 3.47 The Commission recommends that testing, such as Non Invasive Prenatal Testing (NIPT) is offered alongside information, timely specialist referrals and counselling where necessary to ensure that women in NI are afforded as much information, support and time as possible to make an informed decision about the continuation of their pregnancy.
• 3.56 The Commission advises that precluding abortions in Northern Ireland in cases of severe fetal impairment, as this bill proposes may leave women having to travel in order to have an abortion or continue with a pregnancy against her wishes, both of which may result in violations of Articles 8 and 14 ECHR.