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14/06/2017
Supreme Court Narrowly Rejects NI Abortion Appeal
Women in Northern Ireland are not entitled to receive free abortions on the NHS in England, a Supreme Court has ruled.
A mother and daughter's appeal was narrowly rejected with a three to two majority.
The 20-year-old woman at the centre of the appeal was 15 in October 2012 when she and her mother, both of whom cannot be named for legal reasons, travelled from Northern Ireland to Manchester.
She was told she had to pay hundreds of pounds for a private termination because she was excluded from free abortion services.
They originally lost their action in the High Court in London in 2014 when a judge ruled that the exclusion was lawful.
The Court's deputy president Lady Hale and Lord Kerr said they would have allowed the latest appeal, however Lord Wilson said the justices had been "sharply divided".
He added: "But the fact is that the law in Northern Ireland puts most women in unwanted pregnancy there in a deeply unenviable position."
The young woman, who is referred to as A and her mother as B, have now vowed to take their case to Europe.
In a statement they said: "We are really encouraged that two of the judges found in our favour and all of the judges were sympathetic to A's situation. We have come this far and fought hard because the issues are so important for women in Northern Ireland. For this reason, we will do all that we can to take the fight further. We have instructed our legal team to file an application with the European Court of Human Rights in Strasbourg, to protect the human rights of the many other women who make the lonely journey to England every week because they are denied access to basic healthcare services in their own country."
Angela Jackman, a partner at law firm Simpson Millar, said: "We have made significant strides since the Administrative Court's decision three years ago which found that neither Article 8 nor Article 14 were engaged.
"The Court of Appeal confirmed that Article 8 is indeed engaged and all five of the judges concluded that my clients were discriminated against (on the basis of their status as UK citizens, present in England and usually resident in Northern Ireland). Whilst a slim majority decided the discrimination was justified, I am heartened that Lady Hale and Lord Kerr, the two most senior judges on the case, gave strong dissenting judgments and would have allowed the appeal in full. This provides A and B with a firm basis for taking their case forward to the European Court of Human Rights (EctHR)."
Alliance MLA Paula Bradshaw said she is disappointed with the ruling.
She said: "We need to stop exporting this issue - many women need help at home and so we should be able to provide it. The priority in all this needs to be those women who wish to access abortion services. In the current circumstances, many are forced to take the journey to Great Britain, often at great financial and emotional cost.
"The issue of abortion in Northern Ireland is one that needs clarified urgently. Abortion is a conscience issue for Alliance but I believe the weight of public opinion shows the current law here around it is a nonsense. What is required is a fundamental change in the law to give women the help they need when they need it.
"In the absence of that solution, the UK Government should legislate so abortions are available at no cost to women from Northern Ireland in England, on the same basis as other women in the UK."
(CD/LM)
A mother and daughter's appeal was narrowly rejected with a three to two majority.
The 20-year-old woman at the centre of the appeal was 15 in October 2012 when she and her mother, both of whom cannot be named for legal reasons, travelled from Northern Ireland to Manchester.
She was told she had to pay hundreds of pounds for a private termination because she was excluded from free abortion services.
They originally lost their action in the High Court in London in 2014 when a judge ruled that the exclusion was lawful.
The Court's deputy president Lady Hale and Lord Kerr said they would have allowed the latest appeal, however Lord Wilson said the justices had been "sharply divided".
He added: "But the fact is that the law in Northern Ireland puts most women in unwanted pregnancy there in a deeply unenviable position."
The young woman, who is referred to as A and her mother as B, have now vowed to take their case to Europe.
In a statement they said: "We are really encouraged that two of the judges found in our favour and all of the judges were sympathetic to A's situation. We have come this far and fought hard because the issues are so important for women in Northern Ireland. For this reason, we will do all that we can to take the fight further. We have instructed our legal team to file an application with the European Court of Human Rights in Strasbourg, to protect the human rights of the many other women who make the lonely journey to England every week because they are denied access to basic healthcare services in their own country."
Angela Jackman, a partner at law firm Simpson Millar, said: "We have made significant strides since the Administrative Court's decision three years ago which found that neither Article 8 nor Article 14 were engaged.
"The Court of Appeal confirmed that Article 8 is indeed engaged and all five of the judges concluded that my clients were discriminated against (on the basis of their status as UK citizens, present in England and usually resident in Northern Ireland). Whilst a slim majority decided the discrimination was justified, I am heartened that Lady Hale and Lord Kerr, the two most senior judges on the case, gave strong dissenting judgments and would have allowed the appeal in full. This provides A and B with a firm basis for taking their case forward to the European Court of Human Rights (EctHR)."
Alliance MLA Paula Bradshaw said she is disappointed with the ruling.
She said: "We need to stop exporting this issue - many women need help at home and so we should be able to provide it. The priority in all this needs to be those women who wish to access abortion services. In the current circumstances, many are forced to take the journey to Great Britain, often at great financial and emotional cost.
"The issue of abortion in Northern Ireland is one that needs clarified urgently. Abortion is a conscience issue for Alliance but I believe the weight of public opinion shows the current law here around it is a nonsense. What is required is a fundamental change in the law to give women the help they need when they need it.
"In the absence of that solution, the UK Government should legislate so abortions are available at no cost to women from Northern Ireland in England, on the same basis as other women in the UK."
(CD/LM)
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