‘Foetus has no human rights in NI’ Human Rights Commission confirms, as Assembly asks it to advise on protection of pregnancies with disabilities

The Human Rights Commission has confirmed that the foetus or unborn child in any pregnancy in Northern Ireland does not enjoy a right to life under the European Convention of Human Rights.
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The commission confirmed the details after the assembly referred an amendment to NI abortion legislation to it for consideration yesterday. 

DUP MLA Paul Givan has proposed a bill amending NI legislation to prevent abortions where non-fatal abnormalities such as Down’s Syndrome are detected. There is currently no time limit on such terminations.

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However Alliance MLA Paula Bradley proposed referring the amendment to the Human Rights Commission - a move backed yesterday by the Assembly.

Alliance MLA Paula Bradshaw said her motion would enable a welcome debate on both the support for pregnant women and stigma around Down's syndrome pregnancies.Alliance MLA Paula Bradshaw said her motion would enable a welcome debate on both the support for pregnant women and stigma around Down's syndrome pregnancies.
Alliance MLA Paula Bradshaw said her motion would enable a welcome debate on both the support for pregnant women and stigma around Down's syndrome pregnancies.

Speaking to the News Letter, the NIHRC said it would be premature to comment on the DUP amendment, however, it confirmed that the foetus or unborn child in such cases does not enjoy a right to life under the European Convention of Human Rights (ECHR).

The NIRC noted that the High Court addressed the issue in 2015. The judge held that: “While the foetus does not have a right to life under Article 2 (right to life) in Northern Ireland, pre-natal life here is given protection under certain statutes… any rights that a foetus or unborn child has are inextricably linked to the woman and are not free standing”.

Pro-life groups hold that NI law offers no direct protection to a foetus or unborn child but only protects it as a by product of protecting a woman from assault or injury.

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Liam Gibson, of the Society for the Protection of Unborn Children said the ECHR allows individual states to decide their own abortion laws “and therefore refuses to defend the right to life recognised in Article 2 of the Convention when abortion is involved”.

He added: “The human rights of the unborn child were protected in domestic [NI] law until they were repealed in 2019 and 2020 by new legislation.”

Ms Bradshaw said yesterday it was important to examine how the Bill proposed to balance the issues of disability rights and gender equality.

“This motion is not a commentary on the intention of the Bill, which provides for a welcome discussion on how best to ensure the ongoing support for women to take babies to term if available, as well as around the urgent need to stop the perpetuation of stigma around conditions such as Down’s syndrome,” PA reported her as saying.

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“Rather, it is a request for clarity on the best way to ensure that disability rights and gender equality are created and advanced in legislation and public policy as part of the same internationally recognised human rights.”

But TUV leader Mr Allister said her actions were “ironic”.

“There is such a compelling irony in someone rising in his House to invoke the cause of human rights in order to protect the bringing of death to the womb,” he said.

“Every Bill that comes to this House, particularly one of this nature... will go to the Northern Ireland Human Rights Commission for their views as a consultee.

“So here we have a motion, demanding that something that will inevitably have to happen anyway should be done. It really is such empty grandstanding to bring a motion such as this.”

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