The Abortion Services (Safe Access Zones) (Northern Ireland) Bill, passed on 24 March 2022, has the main purpose of guaranteeing a woman's right to access health services offered to legitimately practice termination of pregnancy, a historically controversial issue in Northern Ireland. 

 

Specifically, Art. 5(2)(a) of the Bill designates and regulates the status of the so-called “safe access zones”, a 100-meter strip that runs around the perimeter of clinics where abortion services are performed. In these “buffer zones”, therefore, it becomes criminally sanctioned what would be legitimate elsewhere, i.e. any act done “with the intent of, or reckless as to whether it has the effect of ­ (a) influencing a protected person, whether directly or indirectly”. In other words, the Bill intends to address the issue, which is not a new one, of anti-abortion protests and demonstrations organized outside hospitals, clinics and nursing homes for the purpose (also) of deterring women from accessing lawful abortive services.

 

The Attorney General for Northern Ireland referred the case to the Supreme Court of the United Kingdom, which ruled on whether the “safe access zones”, regulated by Art. 5(2)(a), are respectful of certain provisions of the ECHR that protect religious freedom, freedom of thought, and freedom of assembly of antiabortionist demonstrators, all fundamental freedoms protected by Articles 9, 10, and 11 ECHR, respectively.

The Supreme Court, rejecting all of the complaints raised, held that the right of access to abortion services, established in law through the process of democracy, cannot be obstructed or impaired by the claims of opponents: “a legal system which enabled those who had lost the political debate to undermine the legislation permitting abortion, by relying on freedom of conscience, freedom of expression and freedom of assembly, would in practice align the law with the values of the opponents of reform and deprive women of the protection of rights which have been legislatively enacted” (para. 156).

 

(Comment by Tania Pagotto)