Time for Choice in Northern Ireland
By Denise Y. Phelan
The Labour Party Northern Ireland proudly supported the Rally for Choice “Counter the Lies” demonstration at City Hall on Saturday 7th July 2018. Northern Ireland has some of the harshest abortion laws in the world, with an almost blanket ban, yet abortions are happening every day, as pregnant people are forced to travel to other parts of the UK, or further abroad, or to take pills purchased online, in secrecy, without any medical help or guidance.
The 1967 Abortion Act was never extended to Northern Ireland, which is governed by a law dating back to 1861, at a time when women were owned by their husbands, who could legally beat them. In 1861, white aristocratic men made the laws in Parliament, the laws which controlled women’s bodies, and men voted to criminalise women who sought abortions, no matter what the reason. Furthermore, the law contained in sections 58 and 59 of the Offences Against the Person Act 1861, originated from mediaeval laws and, while the rest of the UK and the civilised world has moved on, Northern Ireland is still in the Dark Ages. The penalty for abortion is life imprisonment and this is echoed in section 25 of the Criminal Justice Act (NI) 1945.
It is incredible to imagine that, in the twenty-first century, with all of the medical advances that have been made, women in Northern Ireland are still being denied access to what the World Health Organisation refers to as essential healthcare. It is incredible to imagine that in 2018, a woman who has been raped could face a longer prison sentence for seeking an abortion, than the term faced by her rapist, if found guilty, which is in itself a lottery where the odds are stacked against the victim. Tragically, for women in Northern Ireland this is a stark reality and, not only are we marginalised, shamed and demonised for seeking abortions but, we are denied NHS treatment, denied basic information about our health, denied dignity, denied choice. Northern Ireland women are denied the basic right to bodily autonomy, a right which all men enjoy and a right to which women in other parts of the UK are entitled. Women in Northern Ireland are treated as second class citizens and that situation has to change.
The United Nations report, from the Committee for the Elimination of Discrimination Against Women (CEDAW), published in February, found that there were “grave and systematic violations of human rights” being perpetrated against women and girls in Northern Ireland, involving mental and physical suffering, constituting “unjustifiable State-sanctioned violence”. The report concluded that we had been failed by the Northern Ireland Assembly and by successive UK governments. Devolution is the excuse being used for inaction, despite the fact that the UK is a signatory to the Universal Declaration of Human Rights and signed a treaty in 1983, stating that internal legislation could not be used as an excuse to cover the abuse of human rights. Health and Law are indeed devolved matters but section 6 of the Northern Ireland Act 1998 clearly states that Westminster must intervene when there are human rights violations. Westminster has abdicated its responsibility by failing to act and the Northern Ireland Assembly continues to fail all of the people of Northern Ireland, as it has abdicated all responsibilities for the last eighteen months, while MLAs continue to receive full salaries.
In 2015, the High Court ruled that denying a woman a termination on grounds of fatal foetal abnormality, is a breach of her human rights under Article 8 of the European Convention, which provides the right to private family life, and issued a Declaration of Incompatibility. The matter was referred back to the Northern Ireland Assembly, which in 2016 chose to ignore the ruling of the Court and to ignore the suffering of women and girls. The Northern Ireland Human Rights Commission took the case to the Court of Appeal in Belfast, which overturned the original ruling, saying that it was not their responsibility to make laws which should be made by devolved government. The NIHRC then appealed to the Supreme Court in London, with interveners joining the case, the result of which was that the appeal was dismissed on a technicality but that did not prevent the judges from providing their legal opinions. The majority found that there had been “serious breaches of human rights” under Article 8, in cases of fatal foetal abnormality, rape and incest. Two of the judges also found evidence of breaches of Article 3, the right to be free from torture or inhuman and degrading treatment.
Recently, Stella Creasy of the Labour Party, proposed to the House of Commons an amendment to the Domestic Violence Bill, calling for the repeal of sections 58 and 59 of the Offences Against the Person Act 1861, which would decriminalise abortion. An emergency debate was held in the House, with overwhelming cross-party support for the amendment, despite objections from the DUP. However, some Conservative MPs called for the matter to be dealt with by the devolved government, despite the fact that we do not have a sitting Assembly and the fact that Westminster has the power to intervene under section 6 of the Northern Ireland Act 1998. This would be strange, were it not for the Tory-DUP ‘confidence and supply arrangement’, involving the sum of £1.5 billion. Nevertheless, the tide is turning, as evidenced by the momentous referendum result in the South of Ireland on the 25thof May. The calls for equality for the women and pregnant people of Northern Ireland are loud and we are riding on the crest of the tidal wave as it powerfully and inevitably sweeps northwards
We will no longer tolerate the abuse of any woman, whose dearly wanted child, has been tragically diagnosed with a fatal condition. We will no longer tolerate being lied to and being expected to pretend that fatal conditions do not exist, that they are akin to ‘life-limiting’ conditions and disabilities. We will not tolerate those women’s lives being put at risk, when there is no hope of life for their children, simply to satisfy the religious mores of fanatical politicians. We call upon the NI Assembly and the Westminster government to stop punishing tragedy.
We will no longer tolerate the further abuse of vulnerable women and girls who have suffered sexual violence. We will no longer tolerate State-sponsored violence being perpetrated against the bodies and minds of women and girls, who have been raped, abused or suffered abuse by a relative. We will no longer tolerate an archaic, misogynistic regime, which criminalises those women who have already suffered terribly and whose rights are currently secondary to the rights of the abuser. Again, we call upon the NI Assembly and the Westminster government to stop punishing tragedy.
Furthermore, we call for free, safe, legal abortions to be made available on the NHS to all women as a healthcare choice. We call for complete decriminalisation of abortion in this country and throughout the UK. We call for a compassionate and intelligent healthcare framework be put in place, which puts the healthcare needs of women first and treats them with dignity and respect. It is time to put an end to the patriarchal notion that women are not intelligent enough to make important decisions about their own bodies, their healthcare, their lives. It is time to separate religion from government and start listening to women and medical professionals. It is time to put human rights and equality first.
We will no longer tolerate forced pregnancies, forced births, forced caesarean sections, forced motherhood and the repercussions of enforced second class citizenship. The vast majority of single parent households are headed by women and those women struggle to work as well as care for their children. Many are unable to work and are forced to depend on benefits, yet those benefits are continuously being reduced, as benefits seekers are demonised by this government. Benefits have been significantly reduced under the new system of Universal Credit, leaving many families in debt during the implementation period. Additionally, the previous Conservative government created the disgraceful two child cap policy, in relation to Child Benefit, and Theresa May’s government implemented it. Importantly, if a woman has a third child as a result of rape, she must prove it. This presents an additional problem for the women of Northern Ireland, who are forced to have children against their will, but if a woman has not reported the rape and then tries to claim for her third child, she falls foul of the law in Northern Ireland, which makes it an offence not to report a crime. Furthermore, the DUP supported the Conservative Party’s welfare reform programme.
It should also be pointed out that, although we are told that the government must have regard to the right of the Assembly to make decisions on matters that are devolved, the Conservative government happily flouted their own rule on devolution when they decided to impose welfare reform upon the people of Northern Ireland. Simply, this demonstrates that the imposition of ideologically driven ‘austerity measures’ upon the citizens of Northern Ireland was a greater priority for this government than intervening to protect human rights. It further demonstrates that the Westminster government can intervene when it chooses to do so.
It is time that all of the people of Northern Ireland were treated with the dignity and respect we deserve, after many years of hardship and struggle. It is time that we treat each other with dignity and have respect for the rights of others. It is time that we speak out with one voice against our oppressors. It is time that we demand change from those who claim to represent us and that we vote for change. It is time for equality for the women of Northern Ireland. It is time for respect to be shown to all pregnant people. It is time for change. It is time for equality. It is time for choice.
About the author
A barrister and educator, Denise Y. Phelan is a leading reproductive and gender justice activist. In June 2018, Denise was elected Women’s Officer of the Labour Party Northern Ireland. Ms Phelan is writing in a personal capacity, and views expressed in this article do not represent those of any political party or organisation.
