JR176(2), Re Application for Judicial Review [2022] NIKB 21 (28 October 2022)

JR176(2), Re Application for Judicial Review [2022] NIKB 21 (28 October 2022)

The eligibility criteria for publicly funded IVF treatment in Northern Ireland do not unlawfully discriminate against same sex male couples. The criteria require demonstration of a medical fertility issue for access to IVF, apply equally to all regardless of sex or sexual orientation, and do not provide for publicly funded surrogacy. Any differential treatment is justified and proportionate. The court lacks jurisdiction to determine claims under the Sex Discrimination (Northern Ireland) Order 1976, which must be brought in the County Court.

Citation
[2022] NIKB 21
Parties
Applicant: JR176(2); First Respondent: Department of Health; Second Respondent: Belfast Health and Social Care Trust; Third Respondent: Health and Social Care Board
Jurisdiction
Northern Ireland
Judgment Date
28 October 2022
Procedural Posture
Judicial Review / Leave to Apply for Judicial Review
Outcome
Application dismissed
Legal Topics
Discrimination, Sexual Orientation, IVF Eligibility, Surrogacy, Public Funding, Article 8 ECHR, Article 14 ECHR
Administrative Law Human Rights Law Equality Law Health Law Discrimination Sexual Orientation IVF Eligibility Surrogacy +3 more

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Parties

JR176(2)

Applicant

Department of Health

First Respondent

Belfast Health and Social Care Trust

Second Respondent

Health and Social Care Board

Third Respondent

Procedural Posture

Judicial Review / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the eligibility criteria for publicly funded IVF treatment in Northern Ireland unlawfully discriminate against same sex male couples
  2. 2 Whether the criteria breach Article 8 and Article 14 ECHR
  3. 3 Whether the criteria breach the Sex Discrimination (Northern Ireland) Order 1976 and the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

Ratio Decidendi

The eligibility criteria for publicly funded IVF treatment in Northern Ireland do not unlawfully discriminate against same sex male couples. The criteria require demonstration of a medical fertility issue for access to IVF, apply equally to all regardless of sex or sexual orientation, and do not provide for publicly funded surrogacy. Any differential treatment is justified and proportionate. The court lacks jurisdiction to determine claims under the Sex Discrimination (Northern Ireland) Order 1976, which must be brought in the County Court.

Court Disposition

Application dismissed