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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 was concerned that a lack of "legal certainty" could lead inadvertently to abortion on demand. | |
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. | |
'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 judgement. |