High Court in London says NI women not entitled to free NHS abortions in England

The High Court in London has ruled women from Northern Ireland are not legally entitled to free abortions on the NHS in England.

The case was brought by two claimants who launched a legal challenge against the current position.

Unlike the rest of the UK abortion is only allowed in very restricted circumstances in Northern Ireland.

More than 1,000 women each year travel from NI to have an abortion in other parts of the UK.

Those who do travel must pay for their transport, accommodation and the cost of the procedure.

The judge in his ruling has said that devolutionary powers have to be taken into consideration.

Due to Northern Ireland not being covered by the 1967 Abortion Act, which applies in the rest of the UK, the judge has ruled this was not a discrimination issue.

Criminal offence

The decision in the High Court in London means the abortion issue has been batted back as a devolved issue and not one based on discrimination.

The judgement was based on the current NI abortion legislation which says a woman can only have a legal abortion if it can be proven the woman's life is at risk or if there is a risk of permanent and serious damage to her mental or physical health.

While disappointed campaigners for the law to be changed here say they're not surprised by the decision.

The laws covering abortion in Northern Ireland are the 1861 Offences against the Person Act, and the Criminal Justice act from 1945. It is a criminal offence, which carries a life sentence.

The only exceptions are to save a woman's life, or if there is a risk of permanent and serious damage to her mental or physical health.

Currently, the Department of Health in Northern Ireland are reviewing the guidelines on abortion which were recently put out to consultation.

Northern Ireland's justice minister announced last December that he was going to consult on changing abortion laws in Northern Ireland to allow women carrying babies with fatal foetal abnormalities to have a termination.

Other grounds, such as abortion in rape or incest cases, are also expected to be covered.

Figures released by the Northern Ireland Department of Health revealed that 51 terminations were performed in local hospitals in 2013.

According to the figures, that was an increase of 16 over the previous year.

In England, Wales and Scotland access to abortion is covered by the 1967 Abortion Act.

That permits terminations up to 24 weeks of pregnancy on grounds that include risk to the physical or mental health of the woman or existing children in the family, and abnormalities that could lead to a child being "seriously handicapped".

It is also allowed over 24 weeks if a woman's life or health is at serious risk, and for serious disabilities. 






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