Woman wins legal battle to challenge Northern Ireland abortion laws

Sarah Ewart was granted leave to seek a judicial review, amid claims the near-blanket ban breaches her human rights.

A judge ruled on Wednesday that she has established an arguable case against the Departments of Justice and Health at Stormont.

Mr Justice McCloskey said: “The applicant’s case overcomes the necessary threshold against both.”

He also pledged to have full proceedings completed no later than January next year.

Five years ago Mrs Ewart, 28, was forced to travel to England for a termination after being told her unborn child had no chance of survival.

She had backed a previous challenge taken by the Northern Ireland Human Rights Commission.

Unlike other parts of the UK, terminations are only legal within Northern Ireland to protect the woman’s life or if there is a risk of serious damage to her well-being.

Earlier this year the Supreme Court concluded abortion laws in the Province in cases of rape, incest and fatal foetal abnormality are incompatible with human rights law.

But justices still rejected the commission’s case because it did not have the necessary legal standing.

Mrs Ewart has now brought a case in her own name, as a woman directly affected by the abortion legislation, and has vowed to see her legal fight “through to the end”.

She sought to judicially review the secretary of state for Northern Ireland, the Departments of Health and Justice at Stormont, and the Executive Committee.

Her lawyers argued that the current regime breaches Article 8 of the European Convention on Human Rights, dealing with entitlements to private and family life.

They also contended that the legislation is having a “chilling effect” on anyone considering assisting in a medical termination.

Doctors could be left fearing potential life imprisonment if they become involved, the court heard.

Counsel for the secretary of state for Northern Ireland insisted it was a matter for the devolved administration at Stormont.

Delivering judgment in the preliminary stage of the renewed legal battle, Mr Justice McCloskey rejected the case brought against both the secretary of state and Executive Committee.

He held that neither entity is subject to any relevant legal power, discretion, function or duty.

But turning to the two Stormont departments being challenged, he said: “In the applicant’s quest to establish that the relevant provisions of the 1861 (Offences Aganst the Person) Act and the 1945 Criminal Justice (Northern Ireland) Act are incompatible with Article 8 of the Human Rights Convention, the court grants leave to apply for judicial review against the Department of Justie and the Department of Health only.”

The judge added: “The court will programme this case in such a way that the substantive stage of the proceedings will be completed not later than January 2019.”

Mrs Ewart was unable to attend the verdict, but Grainne Teggart of Amnesty International, who has backed her case, expressed delight at the outcome.

“Sarah is taking this case not just for herself, but for all the women in these circumstances,” she said.

“Women shouldn’t be forced through our courts to have their rights realised.”

Ms Teggart added: “The secretary of state and the UK government could obviously end this today by swiftly changing the legislation so that all women can access free, safe and legal abortions in Northern Ireland.”

Ms Ewart’s solicitor, Darragh Mackin, said: “We now look forward to the final determination of the important issue of women’s rights in this jurisdiction.”