This article is more than 1 year old

This article is more than 1 year old

A landmark case at Belfast high court could find Northern Ireland’s abortion law in breach of the European Convention on Human Rights.

The legal action is being launched by Sarah Ewart, who embarked on a long, fraught journey in 2013 when a 19-week scan showed that the baby she was carrying had a fatal defect, revealing that the brain and skull had not developed properly.

Doctors refused to perform an abortion, citing Northern Ireland’s near-blanket ban on terminations. One consultant banged files on her desk and said: “I’m not going to prison for anyone.”

Ewart, then aged 23, borrowed money from a bank to travel to England for an abortion, a costly trip to a city she did not know.

On her return she lobbied Northern Ireland’s politicians to lift the ban, citing European human rights legislation. When that fell on deaf ears Ewart took her story to the media, fuelling a push for reform and a backlash from anti-abortion activists who targeted her and her family.

On Wednesday, Ewart’s five-year odyssey through the policies and passions of Northern Ireland’s abortion ban will reach what may be its final leg.

“Time and time again I’ve told my story to MPs, courtrooms and judges. Each time I relive the trauma,” she said in a statement before the hearing.

“I hope this will be the last time I have to go to court and prove that women like me should be able to access abortion services at home, without being forced to travel. I hope this case can bring a ruling that helps end the suffering for us all.”

The UK’s supreme court said last year that Northern Ireland’s abortion laws breached human rights legislation.

However, the ruling also stated that the Northern Ireland Human Rights Commission, which brought that case, did not have the power to bring forward proceedings because it was not a victim of an unlawful act.

So Ewart has brought an individual case to the high court in hope of securing a formal declaration that Northern Ireland is violating the European Convention on Human Rights.

She is due to give a statement outside the court framed by a banner reading “Now #ItsTime for women of Northern Ireland”, according to Amnesty International, which is supporting her case, along with the Northern Ireland Human Rights Commission and other groups.

“It’s a damning indictment of the UK government’s failure to prioritise women’s rights and healthcare that Sarah and others are being forced through the ordeal of the courts to have their rights vindicated,” said Grainne Teggart, Amnesty International’s Northern Ireland campaign manager.

“This is a huge moment. People everywhere will have their fingers crossed with hope that the Belfast court rules in favour of women’s rights and reproductive freedom ... this must be our time for change.”

In a separate case a woman is facing prosecution for obtaining abortion pills for her pregnant underage daughter.

The Democratic Unionist party (DUP) supports the abortion ban. Theresa May’s government, which relies on DUP votes at Westminster, has not challenged the ban.

However, MPs voted last year to force the Northern Ireland secretary, Karen Bradley, to explain how officials can continue to enforce the ban.

The Republic of Ireland’s rollout of abortion services this month following a historic referendum has put additional pressure on Northern Ireland to relax its laws.

“Ideally, Sarah should not have had to take this individual case as the matter should have been resolved by the Westminster parliament,” said Les Allamby, head of Northern Ireland’s human rights commission. “It is completely unacceptable that women and girls continue to face being criminalised in what should be solely a healthcare matter.”