Two weeks ago, Ireland made the historic decision to repeal its 8th amendment, which had previously outlawed abortion by giving a foetus an equal right to life as the person carrying it. By a significant majority, the country voted in a referendum to get rid of this outdated and misogynist law and replace it with adequate and safe abortion provision for its citizens.
It is only fair, now, that those in the north of Ireland, whose laws are different, gain access to the same healthcare rights as their southern counterparts. Northern Ireland is part of the United Kingdom, but the UK’s 1967 Abortion Act does not apply there. It is considered by some a matter for a referendum, like in the south; by others a matter for the UK parliament; and by others a matter for the Northern Irish government.
Northern Irish people who have an unwanted pregnancy are forced, like southern Irish people, to travel to Great Britain to gain access to a termination. And, with an end in sight as the laws are drafted in the south, pro-choice activists in the north are more keen than ever to change the law where they live, too. They want to stop having to travel across the Irish Sea to get the healthcare that their joint taxes already pay for. They want to stop having to leave their friends and family and – often secretly – catch a plane and undergo what can be quite an unpleasant procedure alone. They want the comfort and dignity of doctors and nurses in their local area who can take care of them if something goes wrong, rather than worrying that going to the doctor will reveal that a termination has taken place, and worrying about whether there will be consequences to that revelation.
These fears are not unfounded. In 2016, a woman who used poison to induce an abortion in Northern Ireland was reported to the police by her housemates, and a woman who bought abortion pills for her daughter was reported by her GP. This is a shameful state of affairs, and underlines why people are afraid of speaking out about their own experiences of seeking and accessing abortion services. It shows us why there is such a stigma in Northern Ireland, and yet three women per day travel from this relatively small geographical area to Britain to have an abortion or take illegal abortion pills.
Supreme Court ruling
This week, the Northern Irish Human Rights Commission (NIHRC) appealed to the Supreme Court to overturn the abortion laws in the region. Four of the seven judges ruled that the case presented no actual or potential victim of an unlawful act, so the appeal was not successful, but the Supreme Court did agree that Northern Ireland’s laws are “incompatible with human rights in the cases of rape, incest and fatal foetal abnormality”. The rejection of the appeal is being widely referred to as a “technicality”.
The thing that the judges seem to have missed is that each person who has had to travel for an abortion, or who has been forced to give birth to a child they did not want, is an actual victim of the absurd law on abortion.
Despite the lack of a ruling by the Supreme Court this week, the lack of abortion access in Northern Ireland is blatantly a breach of Article 8 of the European Convention on Human Rights. When people, especially women, cannot control what happens to their own bodies, there is no dignity in place for them. I have seen enough pregnant people to know that that is an exhausting and painful thing to go through even for those who desperately want their children. To force those who do not want to be pregnant to stay in that state for nine months, then to force them to give birth, is heartless and cruel.
Sophie Walker, Leader of the Women’s Equality Party, said, “Today’s Supreme Court decision has confirmed that women’s human rights are being systematically violated by the archaic and abhorrent abortion laws in Northern Ireland.
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“While today’s case showed that the ban on abortion in cases of rape, incest and fatal foetal abnormality is illegal, the UK Government should go further and actively assert women’s right to control their own bodies.
“Abortion is a medical issue, not something that should be in the domain of the criminal justice system as it is across the UK at present. Women will never have equality until they have control over their bodies, so WE will never stop fighting until abortion is decriminalised.”
Devolution
Because power in Northern Ireland has been devolved to the Northern Irish government, Theresa May is avoiding taking responsibility for the abortion law situation across the sea. However, Northern Ireland has had no government for over a year after it collapsed, and besides, May will not want to risk upsetting the DUP, who got a shiny £1 billion from her in exchange for the promise of votes after last year’s disastrous General Election.
In the meantime, a cross-party coalition of MPs has got together to try to force the issue. Backed by reproductive rights charities, they state: “we are concerned at the unequal treatment of UK citizens, with women in Northern Ireland unable to access abortion even in instances of rape, incest or fatal foetal abnormality. The prosecution of young women for seeking terminations via taking misoprostol and the thousands who now buy these pills online and so risk their personal safety further reinforce the need for legislation that can address modern healthcare methods.
“We are also conscious of the clear evidence the people of Northern Ireland wish to see change; that they recognise the damage being done by these outdated laws and support reform across all faiths, political persuasions and age groups. Indeed, recent opinion polls show more than 70% agree that the issue of abortion is a matter for medical regulation – not criminal law.”
Photo: Elvert Barnes/Creative Commons