NI Human Rights Commission calls for ‘immediate action’ on abortion

Commission taking legal case seeking to permit abortion in cases of serious malformation of the foetus, rape and incest

The Northern Ireland Human Rights Commission’s call for immediate action on a range of issues including new legislation to allow abortion in cases of rape, incest and lethal foetal abnormality was raised in Stormont. Photograph: Eric Luke
The Northern Ireland Human Rights Commission’s call for immediate action on a range of issues including new legislation to allow abortion in cases of rape, incest and lethal foetal abnormality was raised in Stormont. Photograph: Eric Luke

The Northern Ireland Human Rights Commission has called for "immediate action" on a range of issues including new legislation to allow abortion in cases of rape, incest and lethal foetal abnormality.

The recently appointed new head of the commission Les Allamby in the commission's annual report has identified abortion as one of the issues on which pressing action is required.

Mr Allamby using a "traffic light" red, amber and green system of prioritising issues of concern for the commission has called for movement on abortion, dealing with past killings of the Troubles, increasing the age of criminal responsibility from 10 to 12, compensation for miscarriage of justice victims, and denying British nationals citizenship.

Mr Allamby's annual report records how last month the commission notified the Alliance Minister of Justice David Ford that it was issuing legal proceedings "as a last resort" to allow for abortion in cases of "serious malformation of the foetus", rape and incest.

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Mr Ford has currently put out to consultation proposals that would permit abortion in cases of lethal foetal abnormality while seeking public opinion on termination in cases of rape and incest.

The commission complained that this consultation “did not commit to making the changes that are necessary”.

“The issues raised by this challenge are of public interest and the commission recognises the sensitivities of the case. Given the vulnerability of women and girls in these situations, the commission considers it appropriate to use its powers and bring this legal challenge in its own name,” it added.

“It also reiterates the human rights obligation of the Northern Ireland Executive to provide adequate services to care for and support women and girls who choose to continue with a crisis pregnancy.”

The issue was also raised in the Northern Assembly on Tuesday where Alliance MLA Kieran McCarthy asked Mr Ford to "clarify beyond any doubt that he is strictly limited and is not advocating, as has been suggested in some quarters, that the Abortion Act 1967 be brought to Northern Ireland."

“I am happy to give that confirmation,” said Mr Ford. “I know that there are those who have suggested that I am in favour of abortion on demand to the point of birth: that is a complete fabrication,” he added.

“The consultation is on an extremely narrow area, looking at fatal foetal abnormality where doctors certify that there is no prospect of life and no life-saving treatment could be given after delivery,” said the Minister.

“It also raises the question around rape and incest. It is far away from the way that the law operates across the water, and there is no intention on the part of the Department of Justice to go anywhere near the 1967 Act.”

Gerry Moriarty

Gerry Moriarty

Gerry Moriarty is the former Northern editor of The Irish Times