Opinion Former Article

Humanists UK intervention to be heard in Supreme Court’s Northern Ireland abortion case

Today, just three days before the 50th anniversary of the Abortion Act 1967, hearing will commence in a Supreme Court case seeking to bring legal abortions to women in Northern Ireland in some of the gravest of circumstances. Humanists UK, which is intervening in the case, is due to have its oral submissions heard by the court this afternoon.

The case, brought by the Northern Ireland Human Rights Commission (NIHRC) against the Northern Ireland Government, focuses on whether abortion should be legal in the cases of (i) women with pregnancies where the foetus cannot survive birth, (ii) women whose pregnancies arise from rape or incest, and (iii) women with serious malformation of the foetus. Humanists UK is intervening in support of the Commission - making written and oral submissions, and also providing expert evidence from the eminent moral philosophers and Humanists UK patrons Professor AC Grayling, Professor John Harris, and Professor Simon Blackburn. The evidence builds on Humanists UK’s unique interdisciplinary expertise, at the intersection of medical ethics, moral philosophy and law.

Andrew Copson, Humanists UK Chief Executive, said: ‘It is simply outrageous that even in the extreme circumstances this case deals with, women in Northern Ireland still are not able to access legal and safe abortions. With the lack of any political will in Northern Ireland to sort this matter out, it is right that the Northern Ireland Human Rights Commission has taken the subject to the courts, to ensure that every woman’s autonomy and dignity are respected, and human rights are upheld. We will be doing our utmost to ensure this challenge succeeds.’

Janet Farrell, solicitor at Bhatt Murphy representing Humanists UK, said: ‘This is a vitally important case for women and girls in Northern Ireland for whom access to lawful and safe abortions is long overdue. The exceptions to the current restrictive regime proposed by the Commission are extremely compelling, and the denial of those rights to date is an indictment of the equality, autonomy, and dignity of women in Northern Ireland. In this the 50th year of the Abortion Act 1967, this situation must come to an end.’

About the case

The law governing abortion in Northern Ireland is one of the most restrictive in Europe, such that abortion is unlawful in all but the most extreme cases. The criminal sanctions imposed are amongst the harshest in the world, with the maximum sentence being life imprisonment. A termination is only lawful when it constitutes a threat to a woman’s life or a serious, permanent, or long term effect on her physical or mental health. The NIHRC hopes this case will extend that to pregnancies involving sexual crime and serious or fatal foetal abnormalities. The case saw the NIHRC succeed at the High Court in 2015, only to then have this overturned by the Court of Appeal this June.

The case will be heard before seven Supreme Court judges over three days (24-26 October 2017): newly appointed President of the Supreme Court, Lady Hale; Northern Irish Justice, Lord Kerr; and Lord Mance, Lord Wilson, Lord Reed, Lady Black, and Lord Lloyd-Jones.

It is being heard in the week that the rest of the UK will be celebrating the historic 50th anniversary of the Abortion Act 1967. That Act enabled access to reproductive services in a wide variety of circumstances in England, Scotland, and Wales, but it was excluded from applying in Northern Ireland.

In a separate case in June, in a 3-2 ruling, the Supreme Court dismissed a challenge to the fact that women from Northern Ireland couldn’t access abortion services for free on the NHS in England. Humanists UK intervened in that case too. However, having won the case, subsequently the Secretary of State for Health in England chose to reverse his policy on the matter, and allow free abortions on the NHS after all. The Scottish and Welsh governments then did the same. Yesterday the UK Government announced that there will be financial assistance for travel and accommodation for those traveling to England who need it most.

But this reversal still doesn’t mean Northern Ireland women can access free abortions in Northern Ireland itself; the Supreme Court case focuses on access to abortion services in Northern Ireland.

About Humanists UK’s intervention

Humanists UK has provided written legal submissions, will be giving oral submissions to the Court, and has also provided evidence from three eminent philosophers and Humanists UK patrons: Professor A.C. Grayling, Professor of Philosophy and Master of the New College of the Humanities; Professor John Harris, Professor Emeritus of Bioethics at the University of Manchester; and Professor Simon Blackburn, retired Professor of Philosophy at the University of Cambridge. Their evidence concerns the philosophical concepts of autonomy, choice, dignity, and suffering, the absence of a compelling moral case for the almost total ban on abortion in Northern Ireland, and the absence of exemptions in the three serious categories highlighted by the case.

Humanists UK is represented by solicitor Janet Farrell (Bhatt Murphy) and barristers Caoilfhionn Gallagher QC, Fiona Murphy and Mary-Rachel McCabe (Doughty Street Chambers).

Humanists UK has long campaigned in defence of women’s reproductive rights and has intervened in other cases concerning Northern Ireland’s restrictive abortion laws. Humanists UK’s policies and approach to abortion are informed by its ethical position which supports a woman’s right to dignity and personal autonomy and accordingly to access a safe and lawful abortion with appropriate secular counselling and after-care should she choose to do so. Humanists UK has successfully campaigned to oppose changes to the law in England and Wales that seek to restrict access to abortion. It is a member of the Voice for Choice coalition, the We Trust Women campaign, and the Back Off campaign. Its section Northern Ireland Humanists is a member of the Trust Women coalition, coordinated by Alliance for Choice. In September 2017 Humanists UK spoke out against the restrictive abortion laws enforced in many countries around the world as part of the 36th regular session of the United Nations Human Rights Council (UNHRC) in Geneva.

Notes

For further comment or information, please contact Humanists UK Director of Public Affairs and Policy Richy Thompson on richy@humanism.org.uk or 0781 55 89 636, or Northern Ireland Humanists Coordinator Boyd Sleator on boyd.sleator@nihumanists.org or on 07470 395090.

Read more about Humanists UK’s campaigns work on abortion: https://humanism.org.uk/campaigns/public-ethical-issues/sexual-and-reproductive-rights/

Read the NIHRC’s statement about the appeal: http://www.nihrc.org/news/detail/uk-supreme-court-to-hear-our-appeal-case-on-termination-of-pregnancy-laws

At Humanists UK, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. Our work brings non-religious people together to develop their own views, helping people be happier and more fulfilled in the one life we have. Through our ceremonies, education services, and community and campaigning work, we strive to create a fair and equal society for all.

Humanists UK recently changed its name from the British Humanist Association: https://humanism.org.uk/2017/05/22/bha-becomes-humanists-uk/

Northern Ireland Humanists is a part of Humanists UK, working with the Humanist Association of Ireland.

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