Gov’t awaits appellate court’s decision in abortion legislation case

SOURCE: DAILY OBSERVER

A constitutional challenge to Antigua and Barbuda’s abortion legislation remains pending as government officials await the outcome of their appeal against a recent High Court decision.

In December, Attorney David Dorsett, representing the office of the Attorney General (AG), presented a notice of appeal during proceedings before Justice Jan Drysdale.

This legal manoeuvre followed an October ruling in which Justice Drysdale rejected the government’s motion to dismiss the case and mandated the AG’s Chambers to remit $1,500 to abortion rights advocates.

At the centre of this legal controversy is the Offences Against the Person Act, a colonial-era statute enacted 163 years ago. This legislation currently prescribes stringent penalties for abortion-related activities, including up to 10 years’ imprisonment for women who terminate pregnancies and two-year sentences for those who assist in such procedures.

The law maintains a narrow exception, permitting abortion only in cases where the mother’s life is in immediate danger.

The government’s legal position, as presented by Dorsett, contends that the contested sections of the Act were effectively nullified by the Sexual Offences Act of 1995.

However, Justice Drysdale determined that the question of repeal requires careful constitutional interpretation and, given its substantial public interest implications, warrants full judicial consideration rather than summary dismissal.

The activist organization spearheading this legal challenge seeks to have the current legislation declared unconstitutional, a ruling that could fundamentally reshape reproductive rights legislation in Antigua and Barbuda.

The substantive matter was called before the High Court yesterday for an update on the Court of Appeal matter, but it has been delayed further as the appellate court’s decision may not be ready until later this month.