A human rights group in Northern Ireland is taking legal action against the government for failing to provide access to abortion, the group announced on Monday, highlighting the continuing struggle for safe abortions more than a year after the procedure was legalized in the region.
The organization, the Northern Ireland Human Rights Commission, cited deep concerns about the lack of abortion services, which it claims has left a gap in health care for many women and girls.
Abortion was legalized in Northern Ireland in October 2019, overriding one of the most restrictive abortion laws in the world, but in the months since, women seeking the procedure have faced a series of roadblocks.
Les Allamby, the chief commissioner of the independent body behind the process, said it was important to remember that the issue “is about an essential health service for women”.
“Our focus is on ensuring that human rights are respected and the law passed in Westminster is implemented in practice,” said Allamby, whose group reports to the British Parliament.
The legal action – a judicial review process filed with the Northern Ireland Supreme Court – targets Secretary of State Brandon Lewis; the Northern Ireland Executive; and the Northern Ireland Department of Health for not ordering and funding abortion services.
The change in the region’s abortion law was driven by an amendment to a routine Northern Ireland governance bill passed by the British Parliament in 2019. At the same time, Parliament legalized same-sex marriage in Northern Ireland.
Legal abortions began in the country in April 2020, but the procedure remained largely unavailable, with resistance from anti-abortion and religious groups.
With coronavirus ravaging the region, producing the largest number of cases seen since the beginning of the pandemic, access has become even more limited. Hospitals are overloaded, in some cases diverting essential health workers to other places.
This week, one of the five funds that oversee hospitals in the region closed their abortion clinic when a health professional left on sick leave. Another trust closed its abortion services from October to January 4 for lack of financial resources.
Travel restrictions also aggravated an already difficult situation, as many women in Northern Ireland traveled to England to do the procedure. But the risk to his own health and travel restrictions over the past year have made it nearly impossible, human rights groups say.
The region’s Department of Health did not issue any guidance on how abortion services should be provided. The department previously issued a statement to the Belfast Telegraph saying it was not required to commission abortion services. He said other decisions on hiring abortion services would come from the Northern Ireland Executive and Assembly after a public consultation.
But the Northern Ireland Executive, the region’s delegated government, received requests from the department in April and May seeking the abortion committee, and has yet to bring a debate.
Critics say inaction is an excuse to delay the implementation of a robust program because of an issue that remains controversial, with some of the ruling political parties still defending access to abortion. The Department of Health and Northern Ireland executive did not immediately respond to requests for comment.
But lawmakers in the British Parliament expressed concern about the issue. Alliance Party deputy leader Stephen Farry tweeting on Sunday: “It shouldn’t be up to the courts again to guarantee the delivery of the law. The abortion law has already been established. “
While the rest of the UK made room for telemedicine services for those seeking abortions, Northern Ireland did not, although the health minister was given specific powers to allow telemedicine if necessary, which he declined.
Alliance for Choice, a reproductive rights group in Northern Ireland and a vocal critic of the lack of services, expressed support for legal action and said the issue had already reached a critical point for many women and girls.
Emma Campbell, co-chair of the group, said that for most women who seek an early abortion, the process is a simple procedure of taking five pills. Your group is offering “abortion doulas” to advise and support by phone or message.
“We get a lot of calls from people who don’t know, who are angry, angry and upset,” said Campbell.
The human rights group Amnesty International has also expressed support for legal action.
“It is amazing that, once again, litigation is needed to defend the right to health care for abortion in Northern Ireland,” said Patrick Corrigan, the director of Northern Ireland, in a statement. “More than a year since abortion was decriminalized in Northern Ireland and the government’s failure to order and finance services has left women in a vulnerable and dangerous position.”