Alliance for Choice relieved at commissioning of abortion provision 3 years since decriminalisation.

Alliance for Choice are relieved to hear of the progress in service provision on abortion for the thousands who need treatment in Northern Ireland every year. Finally we have some movement from the Northern Ireland Office, in the absence of any from the devolved institutions and the ongoing impasse in the Executive.

Abortion is Normal - billboard by Nichola Irvine and featuring Danielle Roberts, Alliance for Choice activist in front. Image by Emma Campbell

Emma Campbell Co-Convenor said,
‘We welcome the Secretary of State for NI announcement detailing timely provision of full CEDAW compliant abortion services in Northern Ireland and funding. We are saddened for hundreds who have still had to travel despite the change in law. All abortion needs should now be accommodated by provision in Northern Ireland, where we will finally be closer to the recommendations of the United Nations as the minimum human rights standards for abortion, written into our law.’

Naomi Connor Co-Convenor said,
‘Thanks to conscientious providers we have seen thousands already avail of the Early Medical Abortion services, but they have been working without the proper support of their Health Trusts as they have not been centrally commissioned. Once this has changed we will finally have funding, training and awareness raising for the people who provide the care, and hopefully a full awareness campaign and public information on legitimate services so people are not misled by rogue anti-abortion clincis such as Stanton Healthcare.

Even with the welcome news, we still lag behind GB and Ireland with telemedicine, which is the most cost effective way to deliver Early Medical Abortion and ensures patients can avoid running the gauntlet of protestors outside clinics. We hope any new Health Minister, when appointed, will change the designation for the first tablet. It is an injury to our democratic processes that the Department of Health and the Executive, blocked by the DUP, have purposely prevented progress from happening sooner despite the law and the needs of abortion seekers. We are delighted to see movement on broad provision at last.

Ends

For further information contact Emma Campbell 07894063965 Danielle Roberts 07739259085

Notes to Editor

There are further outstanding CEDAW recommendations, which are incorporated into domestic legislation, which the SOSNI is also responsible for implementing, including:-

• Age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights a compulsory curriculum component for adolescents, covering early pregnancy prevention and access to abortion

• Intensify awareness-raising campaigns on sexual and reproductive health rights and services, including on access to modern contraception;

• Adopt a strategy to combat gender-based stereotypes regarding women’s primary role as mothers; and

• Protect women from harassment by anti-abortion protestors by investigating complaints, prosecuting and punishing perpetrators.

  The Abortion (Northern Ireland) Regulations 2020, were laid in Parliament on 25 March 2020. the Abortion (Northern Ireland) (No. 2) Regulations 2020 were laid and came into force on 14 May, revoking the earlier instrument. Both instruments are almost identical, with an amendment being made to a technical defect. They introduced a framework to implement the CEDAW recommendations incorporated into the Northern Ireland (Executive Formation etc) Act 2019.

  It was intended that the The Department of Health in Northern Ireland would oversee the commissioning of abortion services in Northern Ireland.

  As the Minister and Department of Health NI failed to commission services, despite several directions from SOSNI, further regulations were passed in May 2022 which give the UK Government the power to do anything that a Northern Ireland Minister or department could do for the purpose of ensuring that abortion services are provided as decided by Parliament in 2019.

  The regulations allow for access to abortions without conditionality up to 12 weeks gestation (11 weeks + 6 days), to be certified by one medical professional that the pregnancy has not exceeded its twelfth week. Abortions beyond 12 weeks gestation (11 weeks + 6 days) are lawful in the cases where:

• the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman or girl, greater than the risk of terminating the pregnancy up to 24 weeks gestation (23 weeks + 6 days), which is true for all pregnancies.

• Severe fetal impairment and fatal fetal abnormalities without any gestational time limit; and

• where there is a risk to the life of the woman or girl, greater than if the pregnancy were terminated, or where necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman or girl, including in cases of immediate necessity without any gestational time limit.

  In 2018 The CEDAW committee found “grave and systematic violations” of and the CEDAW committee made recommendations, including the repealing of sections 58 and 59 of the OAPA. Full text available here, relevant excerpt below. https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/GBR/INT_CEDAW_ITB_G BR_8637_E.pdf

  85. The Committee recommends that the State party urgently:
  (a) Repeal sections 58 and 59 of the Offences against the Person Act, 1861 so that no criminal charges can be brought against women and girls who undergo abortion or against qualified health care professionals and all others who provide and assist in the abortion;
  (b) Adopt legislation to provide for expanded grounds to legalise abortion at least in the following cases:
  
  (i) Threat to the pregnant woman’s physical or mental health without conditionality of “long-term or permanent” effects;
  (ii) Rape and incest; and 83
  (iii) Severe foetal impairment, including FFA, without perpetuating stereotypes towards

• persons with disabilities and ensuring appropriate and ongoing support, social and financial, for women who decide to carry such pregnancies to term.

  (c) Introduce, as an interim measure, a moratorium on the application of criminal laws concerning abortion, and cease all related arrests, investigations and criminal prosecutions, including of women seeking post-abortion care and healthcare professionals;
  (d) Adopt evidence-based protocols for healthcare professionals on providing legal abortions particularly on the grounds of physical and mental health; and ensure continuous training on these protocols;
  (e) Establish a mechanism to advance women’s rights, including through monitoring authorities’ compliance with international standards concerning access to sexual and reproductive health including access to safe abortions; and ensure enhanced coordination between this mechanism with the Department of Health, Social Services and Public Safety (DHSSPS) and the Northern Ireland Human Rights Commission; and

(f) Strengthen existing data collection and sharing systems between the DHSSPS and the PSNI to address the phenomenon of self-induced abortions. B. Sexual and reproductive health rights and services

86. The Committee recommends that the State party:
(a) Provide non-biased, scientifically sound and rights-based counselling and information on sexual and reproductive health services, including on all methods of contraception and access to abortion;
(b) Ensure accessibility and affordability of sexual and reproductive health services and products, including on safe and modern contraception, including oral and emergency, long term or permanent and adopt a protocol to facilitate access at pharmacies, clinics and hospitals;
(c) Provide women with access to high quality abortion and post-abortion care in all public health facilities, and adopt guidance on doctor-patient confidentiality in this area;
(d) Make age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights a compulsory curriculum component for adolescents, covering early pregnancy prevention and access to abortion, and monitor its implementation;
(e) Intensify awareness-raising campaigns on sexual and reproductive health rights and services, including on access to modern contraception;
(f) Adopt a strategy to combat gender-based stereotypes regarding women’s primary role as mothers; and
(g) Protect women from harassment by anti-abortion protestors by investigating complaints, prosecuting and punishing perpetrators.’