LONDON (AP) A teenager and her mother on Wednesday lost a legal challenge against a rule that prevents women from Northern Ireland from receiving free abortions in England. Her mother had previously told the court that she struggled to raise the money to pay for the abortion, but this did not sway the judge in his ruling.
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A lawyer acting for the women say they plan to appeal to Britain’s Supreme Court.
“My clients did not give up past year and do not intend to give up now”, Jackman said. It cost £600.
She added that up up to 2,000 women leave Northern Ireland each year to access abortion services because of the “highly restrictive laws” and because “no pathway into the NHS exists as the Department of Health is yet to publish termination of pregnancy guidance”.
He declared A had no right under Article 8 (right to privacy and family life) of the European Convention on Human Rights to a state-funded abortion, and there was no breach of anti-discrimination laws under Article 14.
The case was brought by the girl, who was 15 at the time (claimant A), and whose identity can not be revealed for legal reasons.
Lawful abortions were only available in rare, highly exceptional circumstances in Northern Ireland, which did not include, for example, rape, incest or foetal abnormality.
Sarah Ewart’s legal bid to overturn the abortion ban is backed by the Northern Ireland human rights commission.
Around 2,000 women travel to English hospitals and clinics from Northern Ireland every year to have terminations.
The challenge was dismissed but the women’s solicitor said they do not intend to give up.
“It is entirely logical to provide a range of NHS services throughout the United Kingdom on the basis of local residence requirements”.
The judge, in his ruling, said that devolutionary powers have to be taken into consideration.
The demonstrators have been angered by the recent prosecution of a woman for allegedly helping to obtain abortion pills, and argue that since they freely admit to doing exactly that, they too should be prosecuted en masse.
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Today’s judgment is likely to be seen as a positive step by pro-life campaigners in Northern Ireland who have worked hard over the past number of years to oppose the extension of the 1967 Abortion Act into Northern Ireland.
