FPA reacts to European Court ruling on Irish abortion ban

Reacting to today’s ruling by the European Court of Human Rights that the Republic of Ireland had violated the rights of a woman who was forced to travel to England to obtain an abortion, Dr Audrey Simpson OBE, Director of FPA, Northern Ireland said:

“This landmark judgement sends a very strong message to the Northern Ireland Assembly that the law governing abortion in Northern Ireland is inadequate as well, and needs to be changed to comply with the European Convention on Human Rights. It is no longer the case of ‘if’ the law should be changed but rather ’when’.

The Court also ruled that the woman should receive compensation of 15,000 EUR. The ruling has potential significant implications for Northern Ireland because like the Republic of Ireland, the basis for abortion law in Northern Ireland is the 1861 Offences Against the Person Act.”

Key points from the European Court ruling

Firstly the Court criticised the 1861 Act, arguing that it makes it difficult for medical practitioners to make accurate assessments of whether a woman meets the legal criteria for an abortion for fear that their assessment might be later determined as unlawful leaving them at risk of prosecution.
 
Secondly the Court stated that it is not always necessary for women to have to go through all the courts in Ireland before taking a case to the European Court of Human Rights, therefore this would also apply to women in Northern Ireland.

Thirdly the Republic of Ireland was found to have violated the woman’s human rights under Article 8, which would also apply to similar cases in the North of Ireland.

In related news, FPA Northern Ireland has recently submitted a 98 page document of evidence to the UN Committee on the Elimination of Discrimination Against Women (CEDAW) calling on the Committee to launch an inquiry into human rights implications of the restricted access to abortion services in Northern Ireland.

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For further information please contact the FPA press office on 020 7608 5265/5264. Mobile 07958 921060.

The sexual health charity FPA champions the importance of good sexual health for everyone. We educate, inform, support and campaign for people across the UK. The Family Planning Association is a registered charity, number 250187.

About the press office

Background to today's ruling on the IPPF website.

About the FPA campaign for equal abortion rights in Northern Ireland.