Woman with Down’s Syndrome Loses Legal Action Challenging Abortion Law

In the United Kingdom, the abortion law for Down's syndrome is different from that for babies without the condition. The law which states that abortion can be allowed for babies with the condition up until birth is not something that the people belonging to the Down's syndrome community agree with. Calling it a stance of inequality, several activists from the community have been fighting over the law and taking measures for the authorities to turn it back. A woman with Down’s Syndrome fought the battle, and took charge of the fight once recently by challenging the law has lost her legal challenge over legislation. She now aims to go to the Supreme Court to be heard.

27-year-old Heidi Crowter, who had carried legal action against the Department of Health and Social Care for them to change the law around abortion of babies with the condition up until birth, lost her battle.

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Abortion law for down syndrome

Heidi Crowter recently sought a declaration stating that part of the Abortion Act 1990 directly conflicts with the European Convention on Human Rights. Crowter was representing the Down syndrome community appealing that the law which gives the right of abortion up until birth for babies with the condition is unjust and denotes that the life of a person who has the syndrome does not hold value compared to those who don't have the syndrome.

However, in ruling on Friday, senor judges Lady Justice Thirlwall, Lord Justice Underhill and Lord Justice Peter Jackson dismissed Crowter's appeal stating that the abortion laws were to be decided by the parliament.

The judges ruled that the act did not interfere with any rights of those with Down's syndrome and that while they realise people of the community may get disappointed by the fact that during pregnancy a diagnosis of a disability as serious as theirs is treated by the law as an explanation for termination, however, it is not the case.

"Existing law makes me feel that people like me should be extinct"

Crowter, who has lost this battle earlier too in the eyes of law, made a statement in the press post the ruling and said: "I am upset that I did not win again, however, I will keep fighting. We have already changed the hearts and minds of people and their opinions as well reading the law and going to the Supreme Court is my next move."

Stating that she will not stop until they are seen as equals in society, Crowter continued, "This judgement informs me that I am not valued as much as a person who does not have Down's syndrome. It's clear. It's upsetting that the judges say my feelings don’t matter." Several supporters turned up with Crowter outside the court holding banners which said: Don't Screen Us Out. Most o them stood beside her as she put her appeal in front of the media and the public, and declared that she will not back down despite the losses and will move the highest court for the same.