By Latrishka Thomas
A constitutional challenge to Antigua and Barbuda’s abortion legislation has been thrust into legal limbo after the government launched an appeal that will delay proceedings until February next year.
During a hearing before Justice Jan Drysdale yesterday, Attorney David Dorsett, representing the Attorney General, announced the filing of a notice of appeal.
The appeal stems from an October ruling where Justice Drysdale dismissed the government’s attempt to strike out the case, even ordering the Attorney General’s Chambers to pay $1,500 to abortion rights activists.
The legal battle centres on the Offences Against the Person Act, a 163-year-old law that imposes severe penalties for abortion – up to 10 years’ imprisonment for women who terminate pregnancies and two years for those assisting in the procedure. The law currently allows abortion only when the mother’s life is at risk.
Dorsett had argued that the sections of the Act being challenged were actually repealed in 1995 through the Sexual Offences Act.
However, Justice Drysdale maintained that the matter of repeal involves constitutional interpretation and cannot be summarily dismissed due to its significant public interest.
The activist group challenging the law hopes the court will ultimately rule the existing legislation unconstitutional, potentially transforming reproductive rights in Antigua and Barbuda.
With the appeal now filed, the case will not return to court until February 6, 2025, leaving the legal challenge in a state of temporary suspension.
