Reading his final conclusion to the packed courtroom, he acknowledged that to interpret sections 58 and 59 of the Offences Against the Person Act 1861, the law which specifically protects the child in the womb, to allow for abortion in cases of rape, incest and when the unborn child has been diagnosed with a life-limiting disability, would be “a step too far”.
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Horner followed up from his statement last month, stating that the onus was now on the government at Stormont to decide how they would proceed following his ruling.
In an “historic” ruling, the court held that article 8 of the European Convention of Human Rights is breached by the general prohibition of abortions in cases of FFA and pregnancies as a effect of sexual crimes.
“The commission will await to see how the department and the executive will take this forward or if any appeals will be lodged” he added.
The Northern Ireland Human Rights Commission (NIHRC), which brought the legal challenge to the High Court, also called on politicians to “bring forward legislation to reflect the judgment of the court”.
Allowing their application for judicial review on Thursday, the High Court found they had co-operated with all previous proceedings and investigations at the time and in the immediate aftermath of Bloody Sunday, including Lord Widgery’s inquiry in 1971 and the later Saville inquiry. As with all legislation in Northern Ireland, any change needs cross-party support from both Nationalist and Unionist parties. Her experience shines a public spotlight on the contentious issue and sparks huge public debate.
Dawn Purvis, former director of Northern Ireland’s Marie Stopes clinic, told the Telegraph said she was “hugely disappointed” by the judgement. “That didn’t happen. It’s like snatching defeat from the jaws of victory”.
Amnesty International has called for an urgent change to the law in light of the new ruling.
“Unfortunately, I have a high risk of a fatal foetal diagnosis with every pregnancy I have”. Many women go to the United Kingdom to obtain abortions.
Patrick Corrigan from Amnesty said: “The politicians who have to date wished to turn their back on this issue and turn their back on women like Sarah Ewart must now think again”.
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The High Court in London ruled in favour of the ex-paratroopers, who can not be named. “Accordingly, as indicated in my judgment, and for the reasons set out in that judgment and as a matter of last resort, I make a declaration of incompatibility”.
