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High Court rules NI abortion legislation breaches Article 8 of European Convention on Human Rights

30/11/2015 By ACOMSDave Leave a Comment

City Hall
by Alan Meban (Alan in Belfast) 
This morning’s High Court judgement [summary] held that the abortion legislation in Northern Ireland breaches Article 8 of the European Convention on Human Rights by failing to provide an exception to the prohibition on abortion in cases of a foetal fatal abnormality (at any time during the pregnancy) or where the pregnancy is the result of sexual crime (up to the date when the foetus is capable of existing independently of the mother).
The application by Northern Ireland Human Rights Commission also covered the rights of women in Northern Ireland where there is a serious malformation of the foetus. However, the judgement concluded that there is no agreement amongst medical practitioners on what constitutes a serious malformation of the foetus.
NIHRC’s chief commissioned Les Allamby described it as a “landmark ruling”. The commission sought to change the law “so that women and girls in NI have the choice of accessing a termination of pregnancy locally in circumstacnes of fatal foetal abnormalities, rape or incest, without being criminalised for doing so”.

We are pleased that today the High Court has held that the current law is incompatible with human rights … Today’s result is historic and will be welcomed by many of the vulnerable women and girls who have been faced with these situations.

Around thirty members of the public and ten journalists listened to large chunks of the long judgement being read out in court over ninety minutes this morning. With only three rows of pews, a Catholic priest and a prominent ant-abortion campaigner sat alongside Amnesty staff and the Human Rights Commissioner.
Amongst the judgement’s references to international law, individual Articles within the European Convention and its appliance in other European jurisdictions, a mini-critique of an opinion piece by Fintan O’Toole, mention of John Milton’s Paradise Lost, and the waiving away of the significance of opinion polling to gauge societal, there was mention of the local political situation.

It was noted that in an April 2015 interview, First Minister Peter Robinson indicated that the Department of Justice’s proposals for the reform of the law in Northern Ireland were “doomed”. Mr Justice Horner commented:

This unavoidable inference from the inaction of the Department to date and the comments of the First Minister is that the prospect of any consultative paper, never mind legislative action on pregnancies which are the consequence of sexual crime, is even more gloomy.

Later in his judgement, Mr Justice Horner noted that this application fell into the category of “difficult or unpopular” decisions that can be more easily grasped by the judicial system that legislatures, providing a detached view, albeit not accountable to the electorate.
Amnesty’s My Body My Rights campaign manager Grainne Teggart reacted to the judgement saying:
Today’s court decision is a damning indictment of the Northern Ireland Executive’s failure to prioritise women’s healthcare. It’s shameful that the Courts have had to step in because politicians have repeatedly failed Northern Ireland’s women. Northern Ireland’s abortion laws must be brought into the twenty-first century and into line with international law as a matter of urgency.
Sarah Ewart’s first pregnancy was given a fatal foetal diagnosis and had to travel to England to terminate her pregnancy since NI laws didn’t permit her to receive medical treatment. She reacted to the judgement:
I hope that today’s ruling means that I, and other women like me, will no longer have to go through the pain I experienced, of having to travel to England, away from the care of the doctors and midwife who knew me, to access the healthcare I needed.
Mr Justice Horner noted that while pre-natal life does not enjoy full Article 2 protection in the UK, there is a legitimate aim to protect it where that foetus will be viable but the unborn child faces non-fatal disability:
There should be equality of treatment between, on the one hand, the foetus which will develop into a child without physical or mental disability and, on the other hand, the foetus which will develop into a child with a physical and/or mental disability which is non-fatal. However, it is illegitimate and disproportionate to place a prohibition on the abortion of both a foetus doomed to die because it is incapable of an existence independent of the mother’s womb and the viable foetus conceived as a result of sexual crime.
While there was evidence that forcing young women to travel to GB can have the consequence of imposing an intolerable financial and mental burden on those least able to bear it, there was “not one iota of evidence” that the imposition of criminal sanctions on these women in these exceptional cases has resulted in the saving of any pre-natal life.
For women without family or charitable support, such criminal provisions requiring them to travel to have an abortion would impose a heavy financial burden upon them which would weigh heavier on those with limited means:
The protection of morals … should not contemplate a restriction that penalises the impoverished but can be ignored by the wealthy. It is surely not controversial that requiring women in these exceptional categories to go to England, that is those carrying FFAs and those pregnant as a result of sexual abuse, will place heavy demands on them both emotionally and financially.
While the matter could be left to the Supreme Court to decide, it was better to for the High Court to give a “local” view. [Ed – Perhaps a veiled reminder that a London court would be less likely to understand or take into account the local sensibilities in NI, with a greater likelihood that GB legislation would be applied to NI.]
No party to the application and no argument made in court addressed whether it is possible to read the current legislation in such a way to ensure no offence is committed in respect of the termination of FFAs and pregnancies due to sexual crime before the foetus is able to exist independently of the mother.
Parties have until 9 December to make further submissions on this topic, and a final view on the what relief should be applied is expected before Christmas.
It is thus possible that it may not even be necessary for the Assembly to legislate in reaction to this judgement.
Photo – Kenneth Allen via Wikipedia

 

Filed Under: Anti-Bullying & Homophobia, History Tagged With: abortion, government, law, northern ireland politics, politics

Almost two thirds of NI people ‘comfortable with same-sex marriage’, survey suggests

05/11/2015 By ACOMSDave Leave a Comment

BBC News LogoBy Mark DevenportBBC News NI Political Editor
4 November 2015
Same-sex marriage survey results
Image captionAttitudes towards same sex-marriage appear remarkably similar on either side of the border, the survey suggests

Almost two thirds of people in Northern Ireland would feel comfortable if a family member had a same-sex marriage, a new survey suggests.

About 2,000 people in both NI and the Republic of Ireland were interviewed about issues from national identity to abortion and same-sex marriage.
The survey was jointly commissioned by BBC Northern Ireland and Irish state broadcaster, RTÉ.
On Monday, a majority of MLAs in the NI Assembly voted for same-sex marriage.
This was a first for Northern Ireland.
However, the motion was blocked by the Democratic Unionist Party (DUP) which tabled what is known as a petition of concern.
Next week, the first of two legal challenges to the Northern Ireland Executive on same-sex marriage is due to reach the courts.

A gay couple exchanging wedding ringsImage copyrightGetty Images
Image captionOn Monday, for the first time, a majority of MLAs backed same-sex marriage

Last week, same sex-marriage officially became lawful in the Irish Republic, after more than 60% of voters backed it in a referendum held in May.
According to the cross-border survey, carried out by the polling company B&A, attitudes towards same sex-marriage appear remarkably similar on either side of the border.
In Northern Ireland, 64% of those surveyed said they would feel very or fairly comfortable if a member of their family married someone of the same gender, while 23% indicated they would feel very or fairly uncomfortable.
In the Republic of Ireland, a slightly higher proportion, 67%, indicated they would feel comfortable but 21% said they would be uncomfortable.
The survey was conducted last month.

 

Filed Under: History Tagged With: DEP, northern ireland politics, politics, same sex marriage, Stormont

Evangelicals and LGBT unite…

15/09/2015 By ACOMSDave Leave a Comment

christian-today-logo

Harry Farley JUNIOR STAFF WRITER 10 September 2015

…against Northern Ireland same-sex marriage referendum

 

ivan-lewis

Reuters Ivan Lewis, Labour’s shadow secretary of state for Northern Ireland, admitted there wasn’t support for same-sex marriage in the Assembly.


Evangelicals and LGBT activists are united in opposition to calls for a referendum on same-sex marriage in Northern Ireland.
Ivan Lewis, Labour’s shadow secretary of state for Northern Ireland, yesterday called for a public vote to legalise SSM in Northern Ireland, the only part of the UK yet to do so.
However both the Evangelical Alliance in Northern Ireland and LGBT group the Rainbow Project have opposed the suggestion.
Same-sex marriage legislation has been rejected by a majority four times in the past three years in the Northern Ireland assembly.
“We feel that four democratic votes in the Assembly in three years is enough. We don’t need to see a referendum or another vote for some time,” a spokesman for the Northern Ireland Evangelical Alliance told Christian Today.
“We believe there is value in retaining a distinct definition of marriage as between a man and a woman as a platform for flourishing.”
It is not just faith groups that oppose Lewis’ proposal. The Rainbow Project, which says on its website “we believe that all sexual orientations should be celebrated equally” is also opposed to the idea of a referendum.
“We would prefer the legislation to go through the Assembly,” Gavin Boyd, a spokesman told Christian Today.
“We don’t think people’s right to equal marriage should be in a public vote. This won’t be going away until we have equal marriage for people in Northern Ireland,” he added.
Lewis admitted there was not support for this change in the Assembly, hence his decision to follow the Republic of Ireland’s lead in holding a public referendum.
Shadow Northern Ireland Secretary, Ivan Lewis, described Northern Ireland as a “cold home” for many LGBT people

Shadow Northern Ireland Secretary, Ivan Lewis, described Northern Ireland as a “cold home” for many LGBT people


“Ideally, there would be sufficient support in the Northern Ireland assembly to introduce legislation for same-sex marriage,” he told the Guardian yesterday.
Shadow Northern Ireland Secretary, Ivan Lewis, described Northern Ireland as a “cold home” for many LGBT people
“This is currently not the case and as in the Republic of Ireland I would propose a referendum be held which allows the people to decide.”
The concerns of faith groups would be taken into account in any legislation, said Lawes.
“Naturally, legislation triggered by a ‘yes’ vote would include provisions as in the Westminster legislation which ensure faith groups are not required to undertake any activity which they deem as contrary to their beliefs,” he said.
Recent polls found that, if a referendum was held, the public would vote overwhelmingly in support of same-sex marriage.
 

Filed Under: Anti-Bullying & Homophobia, History Tagged With: evangelicals, LGBT, northern ireland politics, same sex marriage

Gay Politics in Northern Ireland

13/03/2015 By David McFarlane Leave a Comment

The programme is called The “Gay Cake” Affair and broadcasts on BBC Radio 4 at 11am on Mon 23 March 2015.
William Crawley William Crawley explores the issues raised by the so-called ‘Gay Cake‘ row and the resulting ‘Conscience Clause‘ proposal to amend Northern Ireland’s equality legislation.
It began last year when Ashers Baking Company in Belfast refused to make a cake bearing the legend ‘Support Gay Marriage.’ The firm defended their decision, stating the message on the cake was contrary to their Christian beliefs, but the Northern Ireland Equality Commission is now supporting an anti-discrimination case against the owners of the bakery.
In response, The Christian Institute called for donations to help Ashers meet their legal costs, saying it was providing the support because of what it claimed were “the difficulties Christians face in holding to their religious beliefs in an increasingly secular society”.
At the Stormont Assembly the Democratic Unionist Party MLA, Paul Givan, proposed a draft Private Member’s Bill to introduce a ‘Conscience Clause’ that would allow the refusal of goods and services on the grounds of strongly held religious beliefs.
The ‘Gay Cake’ row has since made headlines far beyond Belfast. As the debate over the Conscience Clause intensifies and the case against Ashers goes to court, William Crawley meets the key players and asks how we might negotiate these and other similar cases elsewhere where there are competing sets of ‘rights’ at stake.  Is ‘reasonable accommodation’ possible and what does the debate reveal about a changing Northern Ireland?
 

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Jeff Dudgeon at the City Hall in Belfast

Jeff Dudgeon at the City Hall in Belfast

NIGRA has refrained from the cake mix(sorry) until now, as we believed it was best handled by the Equality Commission, but with the push about the ‘Conscience Clause’ and its wider ramifications to our civil liberties Jeff Dudgeon has now entered the fray. Gay Politics are now up front and personal; if you don’t agree with any part of the interview then make your feelings known either by contacting the BBC or commenting on NIGRA’s Blog.

Filed Under: Anti-Bullying & Homophobia, History Tagged With: conscience clause, gay cake affair, gay politics, northern ireland politics

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