Why did the Supreme Court uphold Northern Ireland’s strict abortion laws?

Majority of judges reject campaigners’
challenge, but say the existing legislation is incompatible with
human rights law

One-Minute Read

Unlike in other parts of the UK which are covered by the 1967 Abortion Act, a termination in Northern
Ireland is only permitted if a women’s life, or permanent mental or
physical health is at risk.

What did the court say?

The Northern Ireland Human Rights Commission (NIHRC) had
appealed to the court on the grounds the current law was in breach
of the European Court of Human Rights – a claim which was narrowly
defeated on technical grounds because the proceedings did not
involve an identified victim.

However, in a hugely symbolic ruling for pro-choice campaigners,
a majority of judges went on to add that Northern Ireland’s
existing abortion law was incompatible with human rights law in
cases of fatal foetal abnormality and sexual crime.

What happens next?

Although the decision is not a formal declaration of
incompatibility, because the case has technically been dismissed,
“the judgment triggered fresh calls for the government and
politicians in Northern Ireland to deal with the issue” says
The Guardian.

Last month, the Republic of Ireland overwhelmingly voted to
repeal the country’s strict abortion laws, leaving Northern Ireland
as the only part of Britain or Ireland with such a restrictive
regime.

The vote piled further pressure on Theresa May to
intervene and force a referendum on relaxing the laws in Northern
Ireland – something she has rejected, arguing it is the
responsibility of the devolved assembly in Stormont.

Where does this leave Northern Ireland?

“While the case’s dismissal means the government is not obliged
to change the law” says the BBC’s Marie-Louise Connolly, BBC News NI health correspondent, “the seven judges
have given a strong nod that reform is needed”.

“However, those who argue the law should stay the same will take
comfort that the majority of judges agreed the NIHRC didn’t have
the right to bring the case” she adds.

Sinn Fein, which backs calls for some change to the law, said
the court’s judgement made clear that the status quo was untenable
when it came to cases of fatal abnormality and rape.

However, its Democratic Unionist (DUP) rivals hailed the ruling
a victory for pro-lifers.

It means that with Westminster unable or unwilling intervene, a
power-sharing deal nowhere in sight and Northern Ireland’s two main
parties bitterly divided on the issue, changes to the law still
seem a long way off.