Pressure is growing on the government to reform Northern Ireland’s restrictive abortion laws after the supreme court concluded that they are incompatible with human rights legislation.

Justices at the UK’s highest court dismissed a legal challenge by a narrow majority of four to three and said they had no jurisdiction to consider the latest case because there was no actual or potential victim of an unlawful act involved in it.

A majority of judges, however, went on to add that Northern Ireland’s abortion law was incompatible with the right to respect for private and family life as guaranteed by the European convention on human rights.

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Four of the seven justices – Lady Hale, Lord Mance, Lord Kerr and Lord Wilson – said it was incompatible in prohibiting abortion in cases of rape and incest and fatal foetal abnormality. A fifth, Lady Black, agreed with them that it was incompatible in cases of fatal foetal abnormality.

Although the decision is not a formal declaration of incompatibility, because the case has technically been dismissed, the judgment triggered fresh calls for the government and politicians in Northern Ireland to deal with the issue.

Les Allamby, the head of the Northern Ireland Human Rights Commission (NIHRC) which brought the legal challenge, said outside the court: “The judges made absolutely clear that if a woman [who had suffered in such a case] was brought forward they would find that our laws are incompatible with human rights.

“It would be unedifying to have to put someone through this in order to reach the same judgment again. The reality is that the Westminster parliament will have a role in this. There’s very significant cross-party support for a change to the law in Northern Ireland.”

Breedagh Hughes, the Northern Ireland director of the Royal College of Midwives, said: “This is a start. It abolishes the myth that this is something that can be contained in Northern Ireland. There’s a moral obligation for Theresa May to bring forward legislation to ensure that women in Northern Ireland have access to their rights.”

Caoilfhionn Gallagher QC, who represented Humanists UK, said: “This is a resounding win for the women and girls of Northern Ireland who have been subject to inhumane laws for too long. Human rights are not a devolved matter. The 1861 Offences Against the Person Act, which criminalises abortion, is an act of the UK parliament.”

Calling for immediate legal reform, Sinn Féin’s deputy leader, Michelle O’Neill, said changes should be brought in via the Northern Ireland assembly.



However, she added, because the Stormont assembly and executive was currently suspended, “the British Irish Intergovernmental Conference should meet as a matter of urgency under the terms of the Good Friday agreement to deliver on rights and equality issues, including the critical issue of women’s right to appropriate, modern and compassionate healthcare.”



Sarah Ewart, who had a termination in England after doctors told her the baby would not survive outside the womb, said she would continue the legal fight by launching a new case in Belfast’s high court.



Her solicitor, Darragh Mackin, of the Belfast firm KRW Law, said: “In light of the findings that the legislation as it stands breaches our client’s human rights, and in the absence of the formal declaration, our client Sarah Ewart has had no alternative but to begin the process of issuing proceedings against the respective bodies seeking a formal declaration.”

The Northern Ireland secretary, Karen Bradley, responding to an urgent question in the House of Commons, said: “The government is carefully considering the judgment and its implications. No formal declaration has been made by the court and the appeal has been dismissed. But the analysis and comments from the court on the issue of incompatibility will be clearly heard by this House and politicians in Northern Ireland.”

Delivering the judgment, Mance said: “The supreme court has no jurisdiction in these proceedings to give relief in respect of the challenge to Northern Ireland abortion law.



“The challenge to the compatibility of Northern Ireland law with the convention rights has, however, been fully argued and evidence has been put before the court about a number of specific cases. It would, in the circumstances, be unrealistic and unhelpful to refuse to express the conclusions at which I would have arrived had I concluded that the [Northern Ireland Human Rights] commission had competence to pursue the challenge.



“I would have concluded, without real hesitation at the end of the day, that the current Northern Ireland law is incompatible with article 8 of the [European human rights] convention insofar as it prohibits abortion in cases of fatal foetal abnormality, rape and incest but not insofar as it prohibits abortion in cases of serious foetal abnormality.” Three other judges agreed with him on that point, he added.



In relation to incest cases, Kerr said: “To require in every instance a girl or woman to carry to term a foetus which was the consequence of exploitative and abusive behaviour and which is utterly abhorrent to her could not, we concluded, be considered as having struck the right balance between her rights and those of society.”

In terms of rape cases, the judge concluded: “A woman is potentially responsible for the child once born under a relationship which may continue for the rest of her life. For these reasons, we concluded that the blanket ban on abortion in cases of rape was plainly disproportionate.”

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In terms of cases involving serious, but not fatal, foetal abnormalities, Kerr said the court unanimously agreed that it was compatible with human rights.

“Many children born with disabilities, even grave disabilities, lead happy, fulfilled lives. In many instances they enrich and bring joy to their families and those who come into contact with them. Moreover the difficulty in devising a confident and reliable definition of serious malformation we regarded as a potent factor against a finding of incompatibility.”

Kerr added: “In the course of these proceedings ... three enormously brave women gave unsparing accounts of their experiences of having to deal with a pregnancy where they knew that their babies were doomed to die, either shortly after birth or indeed before birth. No one who heard those accounts could fail to be moved by the courage of those women. Nor could they fail to have profound sympathy with the terrible ordeal which they had to endure.”



The anti-abortion organisation Both Lives Matter staged a demonstration outside the supreme court, with placards declaring: “Disabled Lives Matter Too.”

Its spokesman, Peter Lynas, said: “The Northern Ireland assembly had a full debate on this in 2016 and didn’t want to make any changes to the law. It shouldn’t be over-ridden by Westminster. We welcome this ruling. The NIHRC did not have standing in this case. Any wider move to decriminalisation is off the table now.”</s>Senior Brexit politician warns "a backstop that is temporary is not a backstop" as UK publishes Irish Border proposal

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The UK's Supreme Court says it cannot formally rule on whether Northern Ireland's abortion laws breach human rights legislation, following an appeal by human rights campaigners.

However, it has indicated a majority of the justices believe the current law is 'disproportionate and incompatible' with European rights.

The panel of judges said the Northern Ireland Human Rights Commission didn't have the power to bring the case - so the case was dismissed on technical grounds.

They have suggested a victim of the laws could be more successful if they brought a challenge themselves.

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Dublin City Council will decide whether to lift swimming bans at three major beaches tomorrow.

The bans are in place at Sandymount, Merrion Strand and Dollymount after a breakdown at a pumping station saw sewage discharged into the Liffey.

A spokesperson for Dublin City Council said they were put in place as a precautionary measure.

“Bathing water samples have been taken and when definitive results are available tomorrow,” she said.</s>Latest: Campaigners have lost a Supreme Court appeal over the legality of Northern Ireland's strict abortion law, despite a majority of justices declaring it is "incompatible" with human rights laws.

A majority of a seven-strong panel of justices in London ruled the Northern Ireland Human Rights Commission had no legal standing to bring its challenge against the abortion law.

But, by a majority ruling, the judges expressed the "clear opinion" that the current legislation is "incompatible" with European human rights laws in the cases of fatal foetal abnormality, rape and incest.

The justices said the Supreme Court "has no jurisdiction" in the proceedings to make a declaration of incompatibility or to strike down law.

Grainne Teggart and Sarah Ewart arrive at the UK Supreme Court today. Photo: Stefan Rousseau/PA Wire.

During proceedings in October last year, the Northern Ireland Human Rights Commission (NIHRC) told the court the current law criminalises "exceptionally vulnerable" women and girls and subjects them to "inhuman and degrading" treatment.

A QC representing the commission argued that human rights were being breached, with those affected being forced to go through "physical and mental torture".

The court was asked to rule that a prohibition on abortions where a pregnancy arises from rape or incest, or "involves a serious foetal abnormality", is unlawful.

Submissions were also made at the Supreme Court by a number of bodies, including seven of the UK's leading reproductive rights organisations, Humanists UK, Bishops of the Roman Catholic Dioceses in Northern Ireland, the Society for the Protection of Unborn Children and Amnesty International.

Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland.

The UK's Supreme Court is due to rule later today on whether women in Northern Ireland who are denied abortions are having their human rights violated.

The result of last month's referendum on the Eight Amendment has put pressure on politicians to ensure that Northern Ireland reviews its own laws.

Today, seven British judges will rule on whether it is unlawful to ban terminations when a pregnancy arises from rape or incest.

The ruling by the panel of judges, headed by the court's president Lady Hale, follows a hearing last year.

During proceedings in October, the Northern Ireland Human Rights Commission (NIHRC) told the court the current law criminalises "exceptionally vulnerable" women and girls and subjects them to "inhuman and degrading" treatment.

The NIHRC claims the law's effect on women is incompatible with rights under the European Convention on Human Rights (ECHR).

Abortion is illegal except where a woman's life is at risk or there is a permanent or serious danger to her mental or physical health.

Anyone who unlawfully carries out an abortion could be jailed for life.

An emergency debate on the issue was held in the House of Commons on Tuesday.

The UK Government has resisted calls to step in and legislate amid the ongoing powersharing impasse in Northern Ireland, insisting that any decision on abortion in the region has to be taken by locally elected politicians at Stormont.

Grainne Teggart, Amnesty's Northern Ireland campaigns manager, said in a statement: "If the court rules that Northern Ireland's abortion ban breaches women's rights, there will be no excuses left for Theresa May - the UK Government will be forced to fulfil its human rights responsibilities and make things equal for the women of Northern Ireland.</s>The UK Government has come under fresh pressure to act after judges on the Supreme Court said Northern Ireland's strict abortion laws are incompatible with human rights legislation and need "radical reconsideration".

A majority of a seven-strong panel of Supreme Court justices ruled the Northern Ireland Human Rights Commission (NIHRC) had no legal standing to bring its challenge against the abortion law.

But, by a majority, the judges also strongly expressed their opinion that the current laws are incompatible with article 8 of the European Convention on Human Rights - the right for respect for private and family life.

Deputy Supreme Court president Lord Mance said the present law "clearly needs radical reconsideration" and that the opinion of the court - while not legally binding - "cannot safely be ignored".

READ MORE: Jacob Rees-Mogg: Easing NI abortion law would "damage the Union"

The UK Government has resisted calls to step in and legislate amid the ongoing powersharing impasse in Northern Ireland, insisting that any decision on abortion in the region has to be taken by locally elected politicians at Stormont.

Answering an urgent question in the Commons on the ruling, Northern Ireland Secretary Karen Brady told MPs that the government was "carefully considering the judgment and its implications".

Campaigners welcomed the ruling, saying it should force minister to act. Shadow Attorney General Shami Chakrabarti said the Supreme Court "has made clear that abortion laws in Northern Ireland violate fundamental human rights and has called for a radical reconsideration of the law.

Baroness Chakrabarti added: “The Government cannot ignore this ruling and cannot continue to turn a blind eye to this injustice, which denies women in Northern Ireland their fundamental rights, upheld across the rest of the UK."

Janet Farrell, a solicitor representing Humanists UK who intervened in the NIHRC case, said: "This landmark case from the UK’s most senior court confirms what Northern Ireland women know only too well – that the current law on abortion in Northern Ireland simply does not afford women the dignity or personal autonomy demanded by human rights law.

"It is up to lawmakers now to review and radically reconsider the law as the Supreme Court expects and the women of Northern Ireland deserve."

Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland.

Abortion is illegal except where a woman's life is at risk or there is a permanent or serious danger to her mental or physical health. Anyone who unlawfully carries out an abortion could be jailed for life.

The Northern Ireland Assembly voted in February 2016 against legalising abortion in cases of fatal foetal abnormality and rape or incest.

The debate on Northern Ireland's restrictions on abortion has intensified after citizens in the Irish Republic voted by a landslide last month to liberalise the state's laws. An emergency debate on the issue was held in the House of Commons on Tuesday.

READ MORE: Leader comment: There must be a second Irish abortion vote</s>Britain's Supreme Court will rule Thursday on whether Northern Ireland's abortion laws contravene human rights legislation, threatening another headache for Prime Minister Theresa May as she seeks to drive Brexit through parliament.

The court will decide whether the laws, which are set by the devolved government in Belfast, breach rights legislation by banning abortion in cases of rape, incest or serious foetal anomaly.

The seven Supreme Court justices last October heard the Northern Ireland Human Rights Commission (NIHRC) claim that the current situation criminalised "exceptionally vulnerable" women.

If they agree, then it will be up to London and Belfast to find a solution, setting May on collision course with the anti-abortion Democratic Unionist Party (DUP).

The DUP is the biggest party in Northern Ireland and also props up May's minority government, giving her the votes she needs to get Brexit legislation through the House of Commons.

Adding to the complication, Northern Ireland has been unable to form a power-sharing government for over a year, meaning responsibility may fall on Westminster to unilaterally change national law if the judges rule in favour of the NIHRC.

Opposition Labour leader Jeremy Corbyn warned DUP leader Arlene Foster that, in the absence of a functioning assembly, "clearly the UK parliament has responsibility to adhere to human rights standards".

"Labour's position has always been that abortion rights should be extended, without fear or favour, across the whole of the UK," he added.

The NIHRC argued in October that the current law subjects women to "inhuman and degrading" treatment, causing "physical and mental torture" -- in violation of the European Convention on Human Rights (ECHR).

Unlike in mainland Britain, abortion is illegal in Northern Ireland except when a woman's life is at risk or there is a permanent or serious danger to her mental or physical health.

The devolved Northern Ireland Assembly voted in February 2016 against legalising abortion in cases of fatal foetal abnormality, rape or incest, and anyone who unlawfully carries out an abortion could be jailed for life.

But the case for change has received fresh impetus from the Republic of Ireland's landmark referendum vote to legalise abortion last month.

More than 66 percent of voters backed repealing the constitutional ban on terminations, raising pressure on its neighbour to follow suit.

May insists Northern Ireland's assembly should deal with the issue, but a ruling against its abortion laws could lead to a "declaration of incompatibility" with British legislation.

"We recognise there are strongly held views on all sides of the debate in Northern Ireland and that's why our focus is on restoring that democratically accountable devolved government," May's spokesman said.

"We consider this to be a devolved matter."

But Sarah Wollaston, a senior MP from May's Conservative Party, said she expects a cross-party push in the coming months to "directly bring Northern Ireland's abortion laws in line with the rest of UK".

Sinn Fein and the SDLP, the two major parties representing Northern Ireland's Irish Catholics, and the cross-community Alliance Party, back overturning the ban.

Belfast's High Court ruled in December 2015 that the law was incompatible with article eight of the ECHR -- the right to respect for private and family life -- due to the absence of exceptions in cases of fatal foetal abnormalities and pregnancies resulting from sexual offences.

But three of Northern Ireland's most senior judges overturned that decision in June last year, saying it was a question for the elected assembly, not the courts.</s>Abortion restrictions in Northern Ireland have caused "ongoing suffering" and are "incompatible" with human rights laws, the Supreme Court has said.

The highest court in the UK delivered its judgment on Thursday morning as pressure continued to mount on the prime minister to intervene on the issue.

The court said it did not have the jurisdiction to make a formal declaration that the law should be changed, and ruled that the Northern Ireland Human Rights Commission (NIHRC) had no right to bring its case against the abortion law.

But a majority of justices agreed that the law was in breach of article eight of the European Convention on Human Rights.

Supreme Court President Lord Mance said the restrictions were a cause of "ongoing suffering" and "clearly need radical consideration".

He also suggested that "a victim of the existing law would have standing to pursue similar proceedings" to those addressed on Thursday.

"Those responsible for ensuring the compatibility of Northern Ireland law with the convention rights will no doubt recognise and take account of these conclusions," he added.

The view expressed by the court saw further calls for Theresa May to act, despite the government's DUP confidence-and-supply deal making the prospect of intervention unlikely.

The PM has been under pressure since the Republic of Ireland voted in a referendum last month to ease restrictions in its abortion law.

Labour MP Stella Creasy secured an urgent question in the House of Commons following the Supreme Court hearing and told colleagues "our own law is breaking the basic human rights of our own citizens".

Northern Ireland Secretary Karen Bradley said the government was "carefully considering" the Supreme Court judgement, but stressed that no formal declaration had been made and that the appeal had been dismissed.

She added: "While the court made no formal declaration, a majority of judges stated their view that the laws of abortion in Northern Ireland are incompatible with article eight of the European Convention of Human Rights.

"This is clearly a complex area of law and extremely sensitive subject matter that raises a number of different issues to consider."

:: UK abortion laws aren't as simple as you'd think

Mrs Bradley stressed that her "urgent priority" was trying to re-establish a power-sharing executive in Northern Ireland "so decisions can be taken there".

Last year, the Court of Appeal ruled that even if the abortion law did violate human rights, it could only be changed by a devolved government. With none in place, the prime minister has been forced to resist calls for intervention.

On Mrs Bradley's insistence that abortion is "a devolved matter" for Northern Ireland, Ms Creasy responded: "Clearly, this ruling challenges that disregard for the human rights of women in Northern Ireland."

She continued: "The women of Northern Ireland deserve better, they deserve control over their bodies.

"They deserve not to be forced to go to court and talk about these issues in order to get the government to listen.

"They deserve the kind of control that Arlene Foster currently has over this government."

In an impassioned plea, Ms Creasy continued: "Human rights are an international obligation. Minister, I beg of you, don't make a victim go to court."

Former Tory cabinet minister Justine Greening urged Mrs Bradley to accept that parliament, in the absence of an administration at Stormont, should look at what steps it can take.

The Commons exchange came after Les Allamby, the chief commissioner of the Northern Ireland human rights commission, told reporters the outcome had brought "greater clarity" to the country's abortion law.

"The law now needs to change to stop women and girls from further anxiety and suffering," he said outside the court.

"In the absence of the Northern Ireland executive and assembly it falls to the UK government to make this change and it must act without delay."

But while pro-choice campaigners saw the court's decision as further reason to push for a change to the law, those on the other side of the argument viewed it as reason to draw a line under the debate.

Both Lives Matter co-founder Dawn McAvoy said: "It is not a moment to celebrate, but rather to pause and be thankful for the lives this judgment will save.

"The Supreme Court has dismissed the case brought by the Human Rights Commission. In doing so, it has made clear that there is no human right to abortion."

Bernadette Smyth, director of Precious Life, said: "What happened here today was upholding democracy. This court made a ruling that this court has no right to make decisions for Northern Ireland.

"Our laws matter because every life matters."</s>LONDON — Britain’s Supreme Court on Thursday criticized Northern Ireland’s strict anti-abortion laws but dismissed a legal challenge.

A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.

The justices went on to say, however, that a majority finds Northern Ireland’s abortion prohibitions “disproportionate” and that they violate European human rights laws.

That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland’s laws.

Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.

When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.

Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court’s ruling “a momentous day for women in Northern Ireland” and said it is now up to British Prime Minister Theresa May to take action to ease the laws.

She said May has an obligation to make sure the U.K. government is “now longer acting unlawfully by breaching the human rights of women across Northern Ireland.”

However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission’s right to bring it means the judges’ views on the anti-abortion laws do not have legal force, which is reassuring for abortion foes.

Laurence Wilkinson, legal counsel for ADF International, a group that advocates the right to live according to religious belief, said it welcomes the dismissal of the case, asserting that “at least 100,000 people in Northern Ireland are alive today” because of the decision not to liberalize laws in 1967, when Wales, England and Scotland eased restrictions.

He said the divisions among Supreme Court justices on the Northern Ireland laws revealed a “complete lack of consensus” on the matter.

The issue is further clouded by the collapse of the Northern Ireland Assembly, a power-sharing regional government set up by the 1998 Good Friday accord.</s>LONDON — Britain’s Supreme Court on Thursday criticized Northern Ireland’s strict anti-abortion laws but dismissed a legal challenge.

A majority of the court decided that the Northern Ireland Human Rights Commission, which initiated the case, did not have the standing to bring the challenge to the abortion law. The court dismissed the case without taking action.

The justices went on to say, however, that a majority finds Northern Ireland’s abortion prohibitions “disproportionate” and that they violate European human rights laws.

That part of the ruling gave hope to abortion rights activists seeking to liberalize Northern Ireland’s laws.

Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn scrutiny since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.

When Ireland replaces the constitutional ban with more liberal legislation after a debate in parliament, Northern Ireland will be the only remaining region in Britain and Ireland to outlaw the procedure.

Rosa Curling, from the law firm Leigh Day that helped bring the legal challenge, called the court’s ruling “a momentous day for women in Northern Ireland” and said it is now up to British Prime Minister Theresa May to take action to ease the laws.

She said May has an obligation to make sure the U.K. government is “now longer acting unlawfully by breaching the human rights of women across Northern Ireland.”

However, the fact that the Supreme Court dismissed the case because of doubts about the Human Rights Commission’s right to bring it means the judges’ views on the anti-abortion laws do not have legal force.

The issue is further clouded by the collapse of the Northern Ireland Assembly, a power-sharing regional government set up by the 1998 Good Friday accord.

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.</s>Britain’s Supreme Court on Thursday rejected an effort to strike down Northern Ireland’s strict laws on abortion, saying the human rights group behind the challenge lacked the standing to bring the suit.

The Northern Ireland Human Rights Commission (NIHRC) argued that statutes criminalizing abortion were in conflict with the European Convention on Human Rights. The current abortion laws, the most restrictive in the U.K., subject women to “inhumane and degrading treatment” and violate privacy rights in the European Union charter.

The court ruling, which comes on the heels of a hotly contested referendum in the Republic of Ireland in which voters overwhelmingly voted to end a near-total ban on abortion in the Irish constitution, means any further efforts to change Northern Ireland’s abortion laws will have to go through the Northern Ireland Assembly in Belfast.

Some 66 percent of Irish voters approved an easing of the country’s abortion restrictions in the vote last month.

While ruling against the NIHRC’s appeal for lack of standing, several members of the U.K. Supreme Court said the Northern Irish abortion restrictions did appear to conflict with European human rights guarantees. Lord Jonathan Hugh Mance, the deputy president of the court, said that “the present law clearly needs radical reconsideration.”

British Prime Minister Theresa May faces pressure to authorize a referendum on the Northern Irish abortion laws in the wake of the Republic of Ireland vote. But Mrs. May’s minority government is dependent on the support of the Democratic Unionist Party, which strongly backs the current restrictions.</s>LONDON – Britain’s Supreme Court has criticized Northern Ireland’s strict anti-abortion laws but dismissed a legal challenge based on the assertion that the laws are a violation of human rights.

A majority of the court decided Thursday that the Northern Ireland Human Rights Commission did not have the standing to bring the challenge to the abortion law, dismissing the case without taking action.

The justices went on to say, however, that a majority finds Northern Ireland’s abortion prohibitions “disproportionate” and that they violate European human rights laws.

Strict Northern Ireland laws that prohibit abortions in cases of pregnancy as a result of incest or rape, and in cases when the fetus has a likely fatal abnormality, have drawn attention since the Republic of Ireland voted overwhelmingly in May to repeal its own strict laws.

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The Supreme Court of the UK dismisses a legal challenge by the Northern Ireland Human Rights Commission of the restrictive Northern Ireland abortion laws, as the court has no jurisdiction in this specific case. Four of seven judges note that these laws are incompatible with the European Convention on Human Rights "in prohibiting abortion in cases of rape and incest and fatal foetal abnormality", a matter of right to respect for private and family life guaranteed by the Convention.