Author Topic: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law  (Read 1022 times)

James James

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"29 January, 2019"
http://www.irishnews.com/news/northernirelandnews/2019/01/29/news/fresh-high-court-challenge-to-north-s-abortion-laws-to-be-launched-1538076/

"Fresh High Court challenge to north's abortion laws to be launched"

"A campaigner is to launch a new case in a bid to change Northern Ireland's strict abortion laws."

"Sarah Ewart, from Belfast, will begin her three-day challenge at the High Court tomorrow."

"Campaigner Sarah Ewart (left) with Grainne Teggart from Amnesty International at an earlier High Court hearing in Belfast."


Quote,...

A campaigner is to launch a new case in a bid to change Northern Ireland's strict abortion laws.

Sarah Ewart, from Belfast, will begin her three-day challenge at the High Court tomorrow.

The Supreme Court said in June that abortion laws in the north are in breach of human rights legislation.

However, it also concluded that the Northern Ireland Human Rights Commission, which brought that case, did not have the power to bring forward proceedings because it was not a victim of any unlawful act.

It meant the court could not make a formal declaration that the north's abortion laws are incompatible with the European Convention of Human Rights.

12 abortions carried out in north last year
http://www.irishnews.com/news/northernirelandnews/2019/01/23/news/12-abortions-carried-out-in-north-last-year-1534585/

MPs visiting Belfast told of sex assault victim (12) who had to travel to England for abortion
http://www.irishnews.com/news/northernirelandnews/2019/01/26/news/mps-visiting-belfast-told-of-sex-assault-victim-12-who-had-to-travel-to-england-for-abortion-1536613/

GPs in the north 'given no information about abortion services in the Republic'
http://www.irishnews.com/news/northernirelandnews/2019/01/05/news/gps-in-the-north-given-no-information-about-abortion-services-in-the-republic--1521473/

Mrs Ewart, supported by Amnesty International, has decided to bring an individual case to the High Court in the hope that a formal declaration can eventually be made.

She has long campaigned for a change to the north's law in cases of fatal foetal abnormality.

In 2013, she had a termination in England after being told her unborn child would not survive outside the womb.

Abortion on demand remains illegal in the north. However, terminations are permitted in Britain and have been legal in the Republic since the start of this year following a landmark referendum.

Mrs Ewart has been involved in several high-profile cases in a bid to change the law.

"I hope this will be the last time I have to go to court and prove that women like me should be able to access abortion services at home, without being forced to travel," she said.

"I hope this case can bring a ruling that helps end of the suffering for us all."

Grainne Teggart, Amnesty International’s Northern Ireland campaign manager, said the north has some of "the most oppressive and severe abortion laws in the world".

"Last June, the UK’s Supreme Court made clear that the UK was in breach of its human rights obligations, but the final judgment couldn’t be made because an individual hadn’t brought the case forward," she said.

"That’s why Sarah has bravely stepped up to be the individual who takes the case to the court.

"This hearing is our opportunity for an official judgment that Northern Ireland’s abortion law breaches the UK’s human rights commitments."

James James

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #1 on: February 05, 2019, 02:57:37 AM »
"30 January, 2019"
http://www.irishnews.com/news/northernirelandnews/2019/01/31/news/north-ireland-s-abortion-laws-incompatible-with-human-rights-legislation-high-court-told-1540222/

"Woman tells Belfast High Court of traumatic experience seeking abortion"

"Sarah Ewart outside the High Court in Belfast."


Quote,...

A court in Belfast has heard of one woman’s traumatic experience of seeking an abortion after receiving a diagnosis of fatal foetal abnormality.

Sarah Ewart (28), who was refused a termination in Northern Ireland in 2013 due to the strict laws, was harangued by anti-abortion protesters and felt like “part of a conveyor belt” when she travelled to a London clinic to end her pregnancy, Belfast High Court heard.

She has also contended that she was refused advice on how to seek a termination, and that her medical records were not sent to the clinic.

She described the experience as leaving her feeling “vulnerable and humiliated”.

Last year, the Supreme Court ruled that Northern Ireland’s abortion laws were in breach of human rights laws.

However, they concluded that the Northern Ireland Human Rights Commission – which brought the case – did not have the power to bring the proceedings as it was not itself a “victim” of any unlawful act. Now Ms Ewart has brought a fresh legal challenge before the court.

The case is being heard by Mrs Justice Siobhan Keegan and is expected to conclude on Thursday.

There are two respondents in the case: Northern Ireland’s Department of Justice and the Department of Health.

Northern Ireland’s Attorney General John Larkin is representing himself in the proceedings.

Barrister Adam Straw, acting for Ms Ewart, argued that the law in Northern Ireland which prohibits abortion in fatal foetal abnormality cases is incompatible with human rights legislation.

I respectfully invite this court to follow the lead of the Supreme Court,” he said.

Mr Straw outlined that there is “compelling evidence of serious impact” on women who carry a pregnancy with fatal foetal abnormalities to full term.

He referred to evidence given to the Supreme Court by Professor James Dornan, director of foetal medicine at the Royal Jubilee Maternity Service in Belfast, that there is a risk of sepsis to the mother and also “significant risks” to the mental health of a woman continuing a pregnancy knowing that the foetus could die at any moment.

Mr Straw also referred to Ms Ewart’s personal experiences of seeking a termination after learning her pregnancy had fatal foetal abnormalities.

He contended that the respondents, the Department of Justice and the Department of Health, and the Executive Committeefailed to amend the 1945 act” – the Criminal Justice Act (Northern Ireland) which makes carrying out an abortion an illegal act.

An application to add the Executive Committee as a respondent was not successful.

Dr Tony McGlennan QC, acting for the two departments, argued they did all they could when it came to the question of new abortion legislation.

He outlined how following an assembly debate in February 2016, a working group on fatal foetal abnormalities was set up to examine the matter.

The working group compiled a report, published internally within government in October 2016, which recommended a change in the law.

He said the next step would have been the production of a common paper for the first and deputy first ministers.

“Because of the political hiatus in 2017, these steps were never taken,” he said.

He added: “It has to be recognised we do not have a functioning legislature.”

A fatal foetal abnormality diagnosis means doctors believe an unborn child will die either in the womb or shortly after birth.

It is not grounds for a legal abortion in Northern Ireland.

The procedure is allowed if the mother’s life is in danger.

Both pro-choice and anti-abortion campaigners gathered outside the High Court on Wednesday morning ahead of the hearing with placards and banners.

Some supporting Ms Ewart said “Now it is time for Women in Northern Ireland” – a reference to recent reforms in the Republic.

Those who favoured the status quo carried signs which said “Life is a right, not a privilege”.

Others said judges and politicians had a responsibility to protect that right.

Ms Ewart described the experience of returning to court as “really nerve-wracking”, but added:

“I am really hopeful that the High Court listens to what the Supreme Court has previously said – that women here who find themselves in the circumstances that I found myself in will get the help and the treatment that we need in our hospitals with our own medical teams.”

Ms Ewart is being supported by Amnesty International, one of five intervenors in the case.

The others are the Human Rights Commission, Humanists UK, Centre for Reproductive Rights and Precious Life.

Bernie Smyth, from anti-abortion group Precious Life, said: “We are saying this is barbaric, it is wrong and it should never be introduced here in Northern Ireland.”

Amnesty campaigns manager Grainne Teggart said Secretary of State Karen Bradley should have moved to change the law before now.

James James

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #2 on: February 09, 2019, 11:11:10 PM »
https://www.independent.co.uk/voices/northern-ireland-abortion-illegal-uk-irish-referendum-repeal-terminations-statistics-a8743026.html

"The latest statistics on abortion in Northern Ireland were published on Wednesday, showing that in 2016-17, 32 medical abortions and 12 terminations were recorded."

"Of course, this does not tell the full story of abortion in Northern Ireland."

"In fact, it’s nowhere close."

"On average, 28 women a week travel from Northern Ireland to England for an abortion, because UK laws on abortion don’t cross the Irish Sea."

"In the six counties of Northern Ireland, it’s legal to get an abortion only if the mother’s life is at risk or there is a permanent or serious risk to her mental or physical health."

"This means that abortion is not legal in cases of fatal foetal abnormalities, rape and incest."
"Meanwhile, the DUP is staunchly opposed to both equal marriage and abortion, and have so far resisted any attempts to change the laws around these issues."

"The hypocrisy at play here makes the injustice even harder to stand."

"The party pushing for a hard Brexit on the grounds that it won’t accept any divergence between Northern Ireland and the rest of the UK is happy to maintain the status quo of divergence when it comes to women and the LGBT+ community."

"But the blame does not lie solely with the DUP. The rest of the UK has ignored these issues for years too."

Dot/dash

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #3 on: February 11, 2019, 10:57:47 AM »


 :clapping:

celebrate the killing of N. Ireland babies     



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toadstool999

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #4 on: February 11, 2019, 06:26:31 PM »

 :clapping:

celebrate the killing of N. Ireland babies     



That's barbaric.
Artificial Intelligence is no match for Natural Stupidity

Dot/dash

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #5 on: February 11, 2019, 06:49:57 PM »
That's barbaric.

isn't it just         
love me          love my gelding     

James James

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #6 on: February 12, 2019, 05:10:02 AM »
"A D&E dilation and evacuation is recommended for women diagnosed in the second trimester with a fetus that has severe medical problems or abnormalities. Abnormalities such as severe neural tube defects or congenital heart anomalies are typically diagnosed by ultrasound during weeks 18-23, because detailed anatomy cannot be fully evaluated before that time due to requirements for fetal size."

arkie two

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #7 on: February 12, 2019, 12:27:16 PM »
isn't it just       
TERRIBLE DOT.       WHO WILL SAY ABORT ME
                                           WHO WILL USE THE KNIFE
                                            WHO WILL SAY IT'S OVER.
                                             WHO WILL END MY LIFE?

Dot/dash

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #8 on: February 12, 2019, 03:00:09 PM »
TERRIBLE DOT.       WHO WILL SAY ABORT ME
                                           WHO WILL USE THE KNIFE
                                            WHO WILL SAY IT'S OVER.
                                             WHO WILL END MY LIFE?

 I was recovering in a screened area in a day surgery ward             after having had a colonoscopy          in my fami,y there

is a history of bowel cancer           my dad died at a young age           my brother aged 38 was in the final stage of the

disease       .     can you imagine how I felt when I heard the raised voice of a doctor telling a female patient       .   " I

don't want to see you back here again  this is your third termination "            I  cried for my darling brother              who

did his utmost to fight the cancer             next  in the screened off bed to me       ..      was a female who had used her

abortion as a form of contraception                  :(
love me          love my gelding     

James James

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #9 on: February 12, 2019, 09:19:39 PM »
"29 Jun 2017"
Video,... Sarah Ewart: her story of having an abortion in England
https://www.channel4.com/news/sarah-ewart-her-story-of-having-an-abortion-in-england



"In a separate development on Northern Ireland’s strict abortion rules – an appeal court has ruled that it should be left to the Stormont Assembly to decide – not judges."

"The ruling followed a case involving the experience of Sarah Ewart, who had to travel to England for a termination."

"When Sarah went for a 19-week scan she was told the baby’s brain and skull had not developed properly and that it would die before birth, or shortly afterwards."

"I spoke to Sarah and her mother Jane Christie – and asked Sarah if the hospital in Belfast had given her any advice about what to do next. ?"


James James

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Re: New UK HIGH COURT challenge to NORTHERN IRELAND'S anti abortion law
« Reply #11 on: February 27, 2019, 08:26:51 AM »

James James

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