Editor's note. "SPUC" is the pre-eminent British pro-life organization, the Society for the Protection of Unborn Children, which won an important victory November 30. The victory is set against the backdrop of a separate legal challenge by three women who had traveled from Ireland, where abortion is illegal in all but a narrow range of cases, to Great Britain, to have their abortions. Next week The European Court of Human Rights will hear their lawsuit which is trying to overturn Ireland's protective abortion law.

The following are back-to-back posts filed by John Smeaton, SPUC's Director.

The Belfast high court has this morning ruled in favour of SPUC's challenge of government abortion guidance in Northern Ireland. Lord Justice Girvan ruled in favour of SPUC's challenge on two grounds.

SPUC argued that because abortion remains illegal in Northern Ireland, it was wrong to expect medical providers to give non-directive counselling to women who might be considering abortion. SPUC also argued that the government's guidance was wrong regarding non-participation in abortion (conscientious objection). The judge ruled in favour of SPUC on these points. The judge awarded costs against the Northern Ireland Department of Health, Social Services and Public Safety.

Speaking from outside the court, Liam Gibson of SPUC Northern Ireland told the media:
"We are very pleased that the court has highlighted some of the problems with the health department's abortion guidance. We hope that the department will now take seriously many of the concerns which were largely disregarded when the guidelines were being drafted.

"Abortion is not health care. In Northern Ireland it is a criminal offence. It is simply extraordinary that a government department should have issued guidance on criminal legislation and not have once mentioned the victim of the crime. In illegal abortion the primary victim is the unborn child and any new guidance that the department brings forward needs to take fully into account the duty of care and the legal protection owed to the child before birth.

"Abortion doesn't only kill children it also hurts women. There is a huge amount of evidence that abortion can damage the physical and mental health of women. If the department is serious about providing aftercare for women hurt by abortion then health officials cannot continue to ignore the evidence of post-abortion trauma. More needs to be done to warn women of the consequences of abortion but there has to be more help for women facing a crisis pregnancy as well.

"The law in Northern Ireland protects both women and children and new guidance must reflect that."
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SPUC Northern Ireland never gives up in the marathon for life

I want to congratulate SPUC Northern Ireland for all its hard work which made SPUC's court challenge successful yesterday. …

Liam Gibson of SPUC Northern Ireland has explained to me the significance of yesterday's court judgment:

"While yesterday's ruling will require careful consideration, it is already clear that it is a significant victory for the pro-life cause. The judge's comments on the questionable legality of so-called non-directive counselling will have serious implications for agencies which act as conduits to abortion centres in England. Helping to procure an abortion that would be considered criminal in Northern Ireland may well now lead to a prosecution.

"However, it is in the area of freedom of conscience, protected by Article 9 of the European Convention on Human Rights, where this ruling may be most widely influential. Lord Justice Girvan considered that the Department of Health was wrong to tell doctors that they had no legal right to refuse to take part in the termination of pregnancy.

"He concluded that there were a number of circumstances in which medical personnel may have a legal right to refuse to take part in abortion procedures. [Lord Justice Girvan] said:

'[I]t may be that a member of staff could succeed in a particular case in establishing that to require him to assist in the procedure would infringe his Article 9 rights. This may depend on the express terms of his contract which may require him to participate. If it does a question may arise as to whether the imposition of such an obligation itself infringes the Article 9 rights of a member of staff.'

"This may well strengthen the case of doctors and nurses in the rest of the UK who are coming under increasing pressure to facilitate abortions.

"The fight against this guidance has taken a considerable effort on the part of the whole pro-life lobby in Northern Ireland but it could not have been achieved without the help of the pro-life movement in the rest of the UK and Ireland and as well as medical and legal experts in the US and Australia. Hopefully this success will encourage those fighting abortion far beyond Northern Ireland.

"The next task facing the pro-life movement within Northern Ireland is to consolidate this victory so we can continue to build a culture where every human life is respected and protected."

Part Three
Part One