Women ‘should not have to leave Northern Ireland for abortion’

Sarah Ewart from Belfast has pursued a long legal battle over her treatment and is back in court in the city.

She travelled to England for a termination after being told her pregnancy had a fatal foetal diagnosis.

The UK Supreme Court ruled last June that abortion laws in Northern Ireland were in breach of human rights legislation but sent Ms Ewart’s case back to the High Court in Belfast on a technicality.

Ms Ewart said: “It is really nerve-wracking but 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.

“This is a medical situation that I found myself in; five years down the line I am reliving the stress and the trauma all over again.

“I should not have to be here, sharing my story again, so I am hoping this time will be the final time through the courts, that we will get the help that we need.”

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

In a judgment last June, five of the seven Supreme Court judges ruled that Northern Ireland’s abortion law breached the UK’s human rights obligations.

However, they concluded that the Northern Ireland Human Rights Commission – which brought the case – did not have the power to bring the proceedings forward as it was not itself a “victim” of any unlawful act.

There are four other intervenors in the case: the Human Rights Commission, Humanists UK, Centre for Reproductive Rights and Precious Life.

A fatal foetal abnormality (FFA) 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.

Northern Ireland’s chief medical officer recommended change for such cases in 2016 but the Stormont Assembly collapsed soon afterwards and the matter was not addressed.

Both sides of the argument held placards outside Belfast High Court on Wednesday.

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

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.

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.”

She said the Supreme Court’s intervention in Ms Ewart’s case was not binding.

“That was the opinion of the judges at that time, we could have another set of judges who would have a different opinion.

“We have also heard from our own court in 2017 who clearly stated that this issue is for the democratic process, it is not the right of the court.

“We would be very hopeful that this court would see that the rights of every unborn child, whether that child has a life-limiting disability, has a right to be protected in law and should not be discriminated against through abortion.”

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

“It is a damning indictment of the British Government that women like Sarah are being forced through the courts to have their rights realised.

“We call on the UK Government to bring an end to the suffering of women in Northern Ireland and change the law.”