London, England, Jun 7, 2018 / 04:23 pm (CNA/EWTN News).- The UK Supreme Court threw out a case challenging Northern Ireland’s abortion law on Thursday, saying the commission which brought the case does not have standing to do so. However, the judges also said the current law violates the European Convention on Human Rights.
The challenge was brought by the Northern Ireland Human Rights Commission. Abortion is allowed in Northern Ireland only if the mother’s life is at risk, or if there is risk of permanent, serious damage to her mental or physical health.
Lord Mance, delivering the judgement June 7, said that had the commission the competence to bring the challenge, “I would have concluded, without real hesitation at the end of the day, that the current Northern Ireland law is incompatible with article 8 of the [European human rights] convention insofar as it prohibits abortion in cases of fatal foetal abnormality, rape and incest but not insofar as it prohibits abortion in cases of serious foetal abnormality.”
Four of the seven judges agreed that Northern Ireland abortion law is incompatible with the ECHR in cases of fatal fetal abnormality, rape, and incest. A fifth agreed it it incompatible only in casese of fatal fetal abnormality.
One of the justices, Lord Kerr, said that the court unanimously agreed that banning the abortion of unborn children with serious, but not fatal, abnormalities is compatible with the ECHR: “Many children born with disabilities, even grave disabilities, lead happy, fulfilled lives. In many instances they enrich and bring joy to their families and those who come into contact with them. Moreover the difficulty in devising a confident and reliable definition of serious malformation we regarded as a potent factor against a finding of incompatibility.”
Kerr also said that “to require in every instance” a woman to carry to term a child conceived in incest “could not … be considered as having struck the right balance between her rights and those of society.”
And with respect to children conceived in rape, Kerr stated: “A woman is potentially responsible for the child once born under a relationship which may continue for the rest of her life. For these reasons, we concluded that the blanket ban on abortion in cases of rape was plainly disproportionate.”
The court’s ruling signalled that while it could not strike down the law with the challenge from the human rights commission, it would were the case presented by a woman who was pregnant as a result of rape or incest, or who was carrying a child with a fatal abnormalities.
“The judges made absolutely clear that if a woman [who had suffered such a case] was brought forward they would find that our laws are incompatible with human rights,” said Les Allamby, the head of the NIHRC, the Guardian reported.
Legislators may also consider changing the law. Kerr noted that while the decision is not binding, “it must nevertheless be worthy of close consideration” by legislators.
The matter could be taken up by either the Northern Ireland Assembly or the Parliament of the United Kingdom.
The Northern Ireland Assembly is currently suspended. The Democratic Unionist Party, the largest party, is opposed to changing the law. Sinn Féin, another prominent party in Northern Ireland, backs a liberalization of the abortion law.
Bills to legalize abortion for fatal fetal abnormality or rape or incest failed in the assembly in 2016.
British prime minister Theresa May has said abortion should be a devolved issue for Northern Ireland. The Secretary of State for Northern Ireland, Karen Bradley, said the government is “carefully considering” the court’s decision and that it “will be clearly heard by this house and politicians in Northern Ireland.”
The NIHRC hopes the British Parliament will change Northern Irish law “without delay”. The Northern Ireland director of the Royal College of Midwives made a similar comment.
In June 2017, May’s government announced that Northern Irish women would be able to procure free National Health Service abortions in England.
Peter Lynas, spokesman for the pro-life group Both Lives Matter, commented that “The Northern Ireland Assembly had a full debate on this in 2016 and didn’t want to make any changes to the law. It shouldn’t be over-ridden by Westminster. We welcome this ruling. The NIHRC did not have standing in this case. Any wider move to decriminalisation is off the table now.”
The push for the legalization of abortion in Northern Ireland is not a new campaign, and has gained traction with the overturn of an abortion ban in the Republic of Ireland only weeks ago.
On May 28, abortion activists gathered at the main court buildings in Belfast to protest the country’s pro-life laws, and several women publicly took abortion pills.
However, many pro-life groups in the area have been fighting against the liberalization of abortion laws, emphasizing the importance of fighting for the right to life.
“It is so incredibly important to lobby for life at this present point in time because of the stark threat to unborn children here as Northern Ireland faces a great deal of political instability,” said Precious Life, a pro-life group in Northern Ireland, in August 2017.
“Unborn children cannot speak for themselves so they need us to be their voice.”
[…]
Um, he should be retired & sent to the Mr mccarick home for mitres gone south…
All of humanity was created by God. As Christians we are called to love God above all things, with all our hearts, with all our souls and with all our minds and TO LOVE OUR NEIGHBOR AS OURSELVES. I think that includes Muslims.
To truly love someone is to desire and will what is best for them, in this life and the life to come. Is it better for Muslims to stay Muslim, or to hear the Gospel and, by God’s grace, become Catholic?
Many Christian missionaries through the ages, including several early Franciscans who were stoned to death in Morocco, have given their lives for testifying and preaching the Gospel among the followers of the religion of peace. Many more Christians have been killed and enslaved by the triumphant armies of the religion of peace. See this scholarly interview by CWR Fr. Connolly:
https://www.catholicworldreport.com/2020/12/16/the-forgotten-history-of-christian-slavery-under-islam/
Of course Miss Rosemary. Neighbor means neighbor. We don’t exclude anyone from that love. God made us all.
Ah yes, but Christ Has Revealed True Love requires desiring Salvation for one’s beloved, so how can one be Loving anyone if they first and foremost do not desire that person’s Salvation?
I agree.
I think Leo has lost his mind establishing a prayer room at the Vatican for islamists. I doubt if Orthodox Christian Church would hear anything of this nonsense.
Indeed. The Orthodox Churches have had Islam rattling their gates for 1400 years. The know exactly what is at risk.
I was hoping he would be different, but it’s becoming more apparent that Pope Leo is a Francis clone.
I look forward to the new welcoming of immigrants by the Vatican.
To borrow and injunction, Pope Leo, tear down those walls.
TPR: instead of asking Uganda to accept our criminal “migrants”, I think we ought to advocate sending all of our illegal aliens to the Vatican. They’ll be delighted to receive them all as they would Christ. One million illegals should fit comfortably inside those wall of Vatican City State
Yes,, Yes Yes I completely agree with you.
Redux you are not making sense.
Here is your recent comment in Chapp’s CWR article on Dilexit.
‘ DiogenesRedux
October 14, 2025 at 1:10 am
ELIAS GALY: Are you advocating the weaponizatuon of the Eucharist to advance a political cause? Because that’s exactly what this was. I hope you’re not virtue signaling. ‘
https://www.catholicworldreport.com/2025/10/10/reflections-on-dilexi-te-the-first-magisterial-document-of-leo-xivs-papacy/
Presumably the Pontifical Commission for the Vatican City State is responsible for overseeing the Vatican’s forward-looking abortion initiatives?
At least Cupich should be able to count on the support of abortion expert and Dark Vatican friend Senator Durbin.
https://www.youtube.com/watch?v=HWqKPWO5T4o
Bingo. The same analogy came up in discussion the other day with daily communicants. We observe a boy’s club, the faithful abandoned while the lads climb the ladder and proclaim their personal truths as doctrine.
It doesn’t cut the mustard.
Deep State Leo.
The good news Cupich is leaving Chicago. The bad news is that Pope Leo next selection will likely be similar to Cupich.
The news will be news when the appointment is made! Not before. If you must speculate, speculate with Charity.
A “promotion” to the 109-acre Vatican city-state, rather than to a dicastery of the Holy See. And, as in the United States, when some House members are elected to the Senate, this can improve the average IQ of both houses. Waiting now to see who will replace Cardinal Cupich in Chicago…
Groundskeeper at the Leo XIV estate is nothing to sneer about. Besides there’s the camaraderie of two windy men from the Windy City.
A charitable construction of this appointment is that Cupich has been kicked upstairs to a largely ineffectual post at the Vatican. He’ll likely do less damage there than in Chicago.
I’m shocked, shocked I tell you. Most all the American catholic media outlets and pundits have been assuring us Leo wasn’t Francis 2.0 and claiming Leo didn’t side with Cupich in the Derbin award scandal. Not only has Leo not accepted Cupich’s resignation, he’s now given him yet another position, also meaning Cupich is staying on in Chicago for the foreseeable future.
I had such Hope, such joy at Pope Leo’s election. I thought I saw in him a good man, a holy man. But, no I was mistaken. It hurts my heart to see he really is Francis 2.0, as the saying goes. I remind myself that God is in charge so all is unfolding in accordance with his will.
His Will or His permissive will?
God does not Will that we accommodate a blasphemy of The Holy Ghost, due to the hardening of our hearts.
God wills that we are Faithful and Abide In The Word Of God Incarnate.
Every day I am more disappointed in Francis 2.0. Is this a reward for the havoc and cruelty Cupich has wreaked in Chicago? Nothing on China as they advance with their control of the Church; no ultimatums to those committing ACTUAL genocide of Christians in Nigeria; a big increase in the number of bishops in the US denying the TLM and sneering at altar rails, kneeling for communion, etc (why? because they KNOW Leo is Francis Lite, Francis with kinder words and the trick of wearing traditional vestments)…. but Cupich gets this.
If only we could hope and trust that this appointment was in the best interests of God…
And the damage to the Church continues
A meaningless membership shared with 5 other Cardinals, and a President (Sister Petrini!) and two Secretaries-General on top. Perhaps a first feathered step in getting the over-age Cupich out of Chicago and maybe out of the country and into regal Vatican episcopal obscurity?
My thought as well…when somebody high up the food chain causes a major scandal for the CEO, promoting them somewhere where they can do less damage is SOP. Will have to see who is tapped to replace him before commencing hair pulling, but frankly, past reinstituting pomp and circumstance, have yet to see much of any getting back on course for the Church…not yet, anyhow…
Unless I’m missing something, Cupich will be out of Chicago and US!
This is a sad appointment. I am getting more and more disappointed in this pope as he makes appalling decisions such as appointing Cupich. I am not a Trad! I am a common-sense American Catholic who realizes that promoting the ethics of normalizing homosexual acts in the Church, as in okaying homosexual marriage, is part of Cupich’s plan.
One look at the sordid group of prelates appearing on the loggia with Leo, smiling and glad-handing with each other at his election to the papacy, and it was easy to predict the direction this was going to go. Since he is clearly smarter and more politically astute than was the bombastic, ham-fisted Francis, Leo will probably end up doing far more damage to the Church. God help us…
Let’s get one thing straight: The Catholic Church does not exist to serve the hierarchy (bishops, cardinals and popes). The hierarchy exists to serve the People of God…
Pope Leo is getting close to strike three in my books. Rewarding a cardinal for despicable behavior (honoring the Senate’s most strident pro-abortion member), is a recipe for a disastrous papacy. The verdict is still out, but I am not as hopeful as I had been for this pope. It’s troubling, to say the least.
The Cupich pontificate-by-proxy…twelve more years lies ahead.
Oh dear.
Are we seeing bishop Fulton Sheen’s counter church slowly gaining traction ?
Hope not.
Leo, are you suffering from SDS (Sheen Derangement Syndrome)?
Au contraire.
This remarkable Irish prophet warned about the ape counter church.
One world religion with something for everyone at the Vatican nowadays.
Pachamama if you wish, a Muslim prayer mat in a small Vatican mosque, a seat for a Protestant monarch, pride parades on request, care for creation prayers (rather than true worship to the Creator), a Chinese communist prelate for prayers to Xi.
But please no traddies.
Yes, no traddies!
No reminder of the essence of Catholicism when the existential Church is so far removed… Rather like Dorian Grey, Ecumenical New Church has a queer aversion to mirrors.
Traddies are that mirror.
Demotion by Promotion
Quite a few years ago now ChurchMilitant organised a ranking by vote of the American bishops at the time. Blaise Cupich ranked as the worst.