A young woman and her mother have recently lost an Appeals Court challenge in London preventing women from Northern Ireland obtaining free abortions in England under the National Health Service (NHS). This ruling arose from a decision of the UK High Court in which the exclusion of women and girls from Northern Ireland from obtaining an abortion was deemed lawful.
The woman (Applicant A) was 15 years old at the time of the journey taken with her mother (Applicant B) in October 2012. Lord Justice Moore-Brick, Lord Justice Mc Combe and Lord Justice Elias were aware of the considerable importance and sensitivity that was attached to the case as it applied to over 2,000 women and girls from the jurisdiction of Northern Ireland.
At present, abortion is only legal in "exceptional circumstances if the life or long-term health of a pregnant woman is at risk". Mr Justice King before the High Court ruled that the health secretary could adopt a residence-based approach so that even though the Northern Irish women are UK citizens, they would not be entitled to benefit from NHS abortion services in England.
This was accepted last month by Lord Justice Elias who said "it cannot be irrational for the Secretary of State, with responsibility for the health service in England, to consider that it is not his duty to remedy what some might consider to be the harsh consequences of the law adopted by the devolved legislature in Northern Ireland." It was declared that there was no right under Article 8 of the European Convention on Human Rights and no breach of anti-discrimination laws under Article 14 "in this area of law".
The case was also supported by the Alliance for Choice Organisation, which campaigns to extend legal abortion in Northern Ireland. Ms Angela Jackman, solicitor for the applicant, said she would be seeking to take the case to the UK’s Supreme Court "as the inability of women from Northern Ireland to receive free NHS abortions in England, despite being UK citizens, remains of such huge significance".
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