Heidi Crowter, a woman with Down's syndrome, loses appeal against abortion laws in UK

Heidi Crowter, 27, lost the legal battle in the case related to abortion of children with down’s syndrome disability up to childbirth. Heidi, a disability rights activist, had filed a case against the Department of Health and Social care, hoping to change the prevailing law.

The Abortion Act 1990 states that foetus with down’s syndrome can be aborted up to birth. The disability rights activist had thought of rewriting history with a notion to bring a change in the abortion law, proclaiming that it’s “instance of inequality”.

Jason Coppell KC, a legal representative, standing for Maire Lea-Wilson and Crowter, brought this case to the Court of Appeal’s attention in July.


He stated: “Its effect is to stereotype life as a disabled, or seriously handicapped, person as not worth living and certainly as having less value than life as an able-bodied person, thereby impacting on the feelings of self-worth and self-confidence of disabled persons, such as Crowter.”

He also added: The act seems to have an “outmoded” language, which is deemed to be objectionable in the eyes of the common people.

Regrettably, the judges, Lord Justice Underhill, Lady Justice Thirlwall and Lord Justice Peter Jackson, overruled the verdict of the case last September. They state that the act is not against the law and the rights of the offspring and the birth lady are evenly balanced.

Regarding Heidi’s case, the judges said: "The court recognises that many people with Down's Syndrome and other disabilities will be upset and offended by the fact that a diagnosis of serious disability during pregnancy is treated by the law as a justification for termination, and that they may regard it as implying that their own lives are of lesser value.”



They added, “But it holds that a perception that that is what the law implies is not by itself enough to give rise to an interference with article 8 rights (to private and family life, enshrined in the European Convention on Human Rights)."

Heidi is disappointed with the verdict. She said, “I am very upset not to win again, but I will keep on fighting because we have already informed and changed hearts and minds and changed people's opinions about the law.”

“That makes me feel that I am not as valuable as a person without Down's syndrome. When we first started this court case not many people knew about the law, but now many, many people know about the law thanks to us and your amazing support. We want to thank everyone who has donated their time and money to our court case.”

There’s a 6-month time gap for abortion in England, Wales, and Scotland. But the law seems to be otherwise permitting abortion till birth, where the birth of the offspring could end of facing similar disability conditions.
Jason Coppell KC said: “The act interfered with the rights of disabled people to a private and family life, under the Human Rights Act 1998.”

FAQs:

1. What is Down’s Syndrome?
   Down Syndrome is a medical disorder that’s caused by abnormalities in the chromosome division. They ascertain the birth and the formation of the baby.
2. How does Down’s Syndrome impact the birth of the child?
   This is a genetic disorder condition, where the offspring is born with an additional chromosome. It adversely impacts the child’s formation, resulting in medical issues like intellectual disability, delay in growth, etc.