The High Court has decided that a legal challenge to Antigua and Barbuda’s abortion laws will go to trial after dismissing a motion to strike the case. The Attorney General’s Chambers has been ordered to pay $1,500 to the abortion rights activists behind the challenge.
The group is aiming to overturn the country’s strict anti-abortion laws, particularly the Offences Against the Person Act from 1861, which imposes harsh penalties—up to 10 years in prison for women who terminate pregnancies and two years for those who assist. Abortion is only allowed when a mother’s life is at risk.
During the recent hearing, the Attorney General’s office argued that the sections being contested were repealed in 1995 and that the challenge should focus on the Infant Preservation Act instead. However, the activists countered that the intent of Parliament during the 1995 Sexual Offences Act discussions must be examined.
Justice Jan Drysdale concluded that the case is significant enough to warrant further examination, allowing it to proceed to trial.
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