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Abortion: NI justice minister to appeal High Court ruling Abortion: NI justice minister to appeal High Court ruling
(35 minutes later)
Stormont's justice minister is lodging an appeal to a High Court ruling that abortion law in Northern Ireland is "incompatible" with human rights law.Stormont's justice minister is lodging an appeal to a High Court ruling that abortion law in Northern Ireland is "incompatible" with human rights law.
David Ford said he is concerned that a lack of what he calls "legal certainty" in the judgement could inadvertently lead to abortion on demand. David Ford said he was concerned that a lack of "legal certainty" could lead inadvertently to abortion on demand.
In December, Mr Justice Horner ruled that the law criminalising abortion in cases of fatal foetal abnormality or where women have been the victims of sexual crime does not comply with the European Convention on Human Rights. In December, a judge ruled the law does not comply with the European Convention on Human Rights in cases of fatal foetal abnormality or sexual crime.
The case was brought by the Northern Ireland Human Rights Commission against the Department of Justice. The case was brought by the Northern Ireland Human Rights Commission.
Mr Ford is challenging the part of this ruling where the judge talks about the balance to be struck between the Article 8 rights of a pregnant woman and the Article 2 rights of a foetus. 'Incremental widening'
The current legislation differs from the rest of the UK as the 1967 Abortion Act was never extended to Northern Ireland.
Currently, a termination is only permitted in Northern Ireland if a woman's life is at risk or if there is a risk of permanent and serious damage to her mental or physical health.
The commission took legal action against Mr Ford's Department of Justice as part of its campaign for a change in the law.
Mr Ford will now challenge part of December's ruling at the High Court in Belfast, where the judge talked about the balance to be struck between the Article 8 rights of a pregnant woman and the Article 2 rights of a foetus.
The minister said this could lead to an "incremental widening of abortion law", even further than the 1967 Abortion Act allows in the rest of the UK.The minister said this could lead to an "incremental widening of abortion law", even further than the 1967 Abortion Act allows in the rest of the UK.
Mr Ford is also appealing the judge's ruling on sexual crimes, again on the grounds of clarity.Mr Ford is also appealing the judge's ruling on sexual crimes, again on the grounds of clarity.
He said it is very difficult to define when sexual crimes have been committed - particularly in a court of law - before a pregnancy has reached full term.He said it is very difficult to define when sexual crimes have been committed - particularly in a court of law - before a pregnancy has reached full term.
On Monday, Northern Ireland Attorney General John Larkin also lodged an appeal to the Horner judgement. On Monday, Northern Ireland Attorney General John Larkin also lodged an appeal to the judgement.