Court of Appeal Upholds Decision to Allow Abortion Law Challenge to Proceed
The Court of Appeal maintained that a constitutional challenge to the country’s abortion laws can move forward, rejecting attempts to have the case dismissed before trial.
Three appellate judges ruled they found “no basis to interfere” with the High Court’s earlier decision, which denied the Attorney General’s motion to strike out a legal challenge to the Offences Against the Person Act – legislation dating back 163 years to the Colonial era.
The challenge, launched last year by abortion rights advocates, targets provisions that impose prison sentences of up to 10 years for women who terminate pregnancies and two-year terms for those assisting in such procedures. Under current law, abortion is only permitted when a mother’s life faces immediate danger.
In seeking dismissal, the Attorney General had contended that the Sexual Offences Act of 1995 had effectively nullified the contested sections of the Offences Against the Person Act, arguing that the challenge should instead focus on the Infant Preservation Act.
The High Court disagreed, determining that the repeal question required substantial evidence and interpretation. Given the significant public interest involved, the High Court judge ruled that full judicial consideration through trial was necessary rather than summary dismissal.
Following yesterday’s appellate decision affirming the original ruling, the constitutional challenge is now expected to proceed to a full trial in the High Court.
This story was first published by Antigua News on : antigua.news/2025/02/28/court-of-appeal-upholds-decision-to-allow-abortion-law-challenge-to-proceed. © 2025 Antigua News. Republication without permission is not allowed.
About the author
The Editorial Staff refers to all reporters employed by Antigua.news. When an article is not an original creation of Antigua.news—such as when it is based on a press release, other media articles, letters to the editor, or court decisions—one of our staff members is responsible for overseeing its publication.
Read our editorial standards and corrections policy. Spotted an error? Contact the newsroom.
More from Antigua and Barbuda
View section
Minister Fernandez Hails Exceptional Performance of Antigua and Barbuda Airport Authority During Historic CHOGM 2026
Tourism and Civil Aviation Minister Charles Fernandez commends airport employees and supporting agencies for their coordination, professionalism and service during the historic Commonwealth gathering.
By Editorial Staff
Browne Says Commonwealth Trade Expansion Could Benefit Antigua and Barbuda
Prime Minister points to sourcing opportunities as leaders pursue closer economic ties
By Shermain Bique-Charles
VIDEO: Ministry of Education Investigating Confrontation Involving Secondary School Students
Students from Jennings Secondary School and Princess Margaret Secondary School were reportedly involved in an incident captured on video and circulated on social media.
By Cory Wayland
Browne Hails Billions in Funding Pledges as Major Success of CHOGM 2026
Eye health and nature initiatives among the outcomes highlighted by the Prime Minister
By Shermain Bique-Charles
Comments (5)
Stone February 28, 2025, 10:43 AM
Juju Bee February 28, 2025, 11:07 AM
Let them answer to God for their actions
Yanik February 28, 2025, 1:03 PM
sad times February 28, 2025, 7:41 PM
Unruly One March 2, 2025, 10:53 AM