High Court to Proceed with Trial on Antigua and Barbuda’s Abortion Laws

The High Court has ruled that a legal challenge to Antigua and Barbuda’s abortion laws will proceed to trial, following the dismissal of a motion to strike out the case.

The Attorney General’s Chambers has been ordered to pay $1,500 to the abortion rights activists involved in the challenge.

This was in relation to a constitutional challenge, initiated by a group of campaigners a few months ago, aims to overturn Antigua’s long-standing anti-abortion legislation, primarily the Offences Against the Person Act, which dates back to 1861 and imposes severe penalties for abortion.

Currently, women who terminate pregnancies can face up to 10 years in prison, while those assisting in the procedure could receive a two-year sentence. The law permits abortion only when the mother’s life is at risk.

The AG’s offence applied to have that challenge thrown out.Yesterday’s hearing, presided over by Justice Jan Drysdale, featured attorneys David Dorsette and Carla Brooks Harris representing the Attorney General’s office, while Sherrie-Ann Bradshaw appeared for the challengers.

The AG’s office had argued that the law being contested had already been repealed and that the activists should have challenged the Infant Preservation Act rather than the Offences Against the Person Act.

Dorsette claimed that sections 56 and 57 of the Offences Against the Person Act were repealed in 1995, asserting that there was nothing to contest.

In response, Bradshaw argued that the intention of Parliament during the passage of the Sexual Offences Act in 1995 must be considered, questioning whether lawmakers were unaware of their actions.

Justice Drysdale dismissed the application to strike out the case. She concluded that the significance of the case warrants further evidence and legal analysis, allowing it to proceed to trial.