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Abortion in Northern Ireland
Abortion is legal in Northern Ireland but only in a strictly defined set of circumstances.
The 1861 Offences Against the Person Act contains in sections 58 and 59 the criminal offence of unlawfully procuring a miscarriage. A woman found in direct contravention of the Act will be put in ‘penal servitude for life’;
Section 25 (1) of the Criminal Justice Act (Northern Ireland) 1945 states that – ‘no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.’
The ‘life of the mother’ in this context has been interpreted by the courts as including her physical and mental health;
The adverse effect on her mental or physical health must be a ‘real and serious’ one, and must also be ‘permanent or long term’;
Rape, incest and lethal fetal abnormality are not grounds for abortion in Northern Ireland.
The reality for women living in Northern Ireland
Many women living in Northern Ireland travel to England or another European country to access an abortion.
Women from Northern Ireland cannot access an abortion free on the NHS.
To obtain an abortion privately costs between £500 and £2000 depending on the stage of the pregnancy.
Women will also have to pay for travel and accommodation.
837 women who provided an address in Northern Ireland accessed an abortion in England and Wales in 2014.
416 women who accessed an abortion were aged between 20 and 29. 54 were aged 40 or over and 10 were aged under 16.
611 women accessed an abortion between weeks 3 and 9 of their pregnancy. 15 were 20 weeks or over.
These figures do not include the number of women living in Northern Ireland who travelled to Scotland or another European country to access an abortion.
Women also give false addresses for fear of detection.
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* There are no circumstances in which women should be able to access an
abortion legally within Northern Ireland. |
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| * Women should be able to access an abortion legally within Northern Ireland when the continuance of a pregnancy threatens their life or would adversely affect their mental or physical health. |
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* Women who have been given a diagnosis of a lethal fetal abnormality
should be able to access an abortion legally within Northern Ireland. |
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* Women who have become pregnant through incest should be able to access
an abortion legally within Northern Ireland. |
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* Women who have become pregnant through rape should be able to access an
abortion legally within Northern Ireland. |
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| * Abortions should be made available within Northern Ireland in the first 9 weeks of pregnancy. |
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* The decision whether or not to have a child is a moral and personal
decision, and a woman’s own personal conscience is the best guide for making
such a decision. |
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* There has been an increase in the number of women accessing abortion
pills online. There is a fear that women who access the pills will not have a
face-to-face consultation with a doctor and will not seek medical help if they
suffer complications. Decriminalising abortion would positively contribute to
women’s sexual health. |
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* Women living in Northern Ireland should be able to access an abortion
free on the NHS in England. |
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* It is essential that guidance on the termination of pregnancy in
Northern Ireland is published by the Department of Health, Social Services and
Public Safety. |
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