Woman with Down’s syndrome, 26, loses High Court battle against the Government over abortion law
Woman with Down’s syndrome, 26, loses High Court battle against the Government over ‘extremely offensive’ abortion law which allows mothers to terminate babies up to delivery
Heidi Crowter, 26, from Coventry, brought legal action against the Health Dept Law allows terminations after 24 weeks if ‘severe foetal abnormality’ is detectedIt was argued law is incompatible with European Convention on Human Rights In a ruling today, the three claimants’ case was dismissed by two senior judges
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A woman with Down’s syndrome has lost a High Court battle against the Government over legislation which allows the abortion of babies with the condition up until birth.
Heidi Crowter, 26, from Coventry, is one of the three claimants who brought legal action against the Department of Health and Social Care in the hope of removing a section of the Abortion Act they believe to be an ‘instance of inequality’.
In England, Wales and Scotland, there is a 24-week time limit on having an abortion.
But terminations can be allowed up until birth if there is ‘a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped’, which includes Down’s syndrome.
At a two-day hearing in July, lawyers representing the claimants argued the law is incompatible with the European Convention on Human Rights, and therefore unlawfully discriminatory.
But, in a ruling on Thursday, their case was dismissed by two senior judges, who concluded the legislation is not unlawful and aims to strike a balance between the rights of the unborn child and of women.
Heidi Crowter (pictured arriving at court today), 26, from Coventry, is one of the three claimants who brought legal action against the Department of Health and Social Care in the hope of removing a section of the Abortion Act they believe to be an ‘instance of inequality
Ms Crowter is comforted by her mother Liz outside the High Court in London. At a two-day hearing in July, lawyers representing the claimants had argued the law is incompatible with the European Convention on Human Rights, and therefore unlawfully discriminatory
Posting to Twitter after the ruling, Ms Crowter wrote: ‘The judges might not think it discriminates against me, the government might not think it discriminates against me, but I am telling you I feel discriminated against’
Ms Crowter brought the case with Maire Lea-Wilson, 33, an accountant and mother-of-two from west London, whose son Aidan has Down’s syndrome, and a child with Down’s syndrome, identified only as A.
In a statement after the ruling, Ms Crowter said she and the other claimants intend to appeal against the decision.
Speaking alongside her husband James Carter outside the Royal Courts of Justice, in central London, Ms Crowter also said: ‘I’m really upset not to win, but the fight is not over.
‘The judges might not think it discriminates against me, the Government might not think it discriminates against me, but I’m telling you that I do feel discriminated against and the verdict doesn’t change how I and thousands in the Down’s syndrome community feel.
‘We face discrimination every day in schools, in the workplace and in society. Thanks to the verdict, the judges have upheld discrimination in the womb too.
‘This is a very sad day but I will keep on fighting.’
Ms Crowter, who was surrounded by dozens of supporters outside the court building, continued: ‘When Wilberforce wanted to change the law on slavery, he didn’t give up, even when events didn’t always go his way.
‘And when the going got tough, he kept going, and I’m going to do the same, because I want to succeed in changing the law to stop babies like me… being aborted up to birth, because its downright discrimination.’
Ms Crowter speaking to the media at the High Court in London where she lost a High Court challenge against the Government over legislation which allows the abortion of babies with the condition up until birth
Maire Lea-Wilson,an accountant and mother-of-two from west London, whose son Aidan has Down’s syndrome, speaking to the media at London’s High Court today
Ms Crowter (left) and Ms Lea-Wilson (right) arriving at the High Court in London on Thursday
She added: ‘I’m not giving up, let’s do this.’
Ms Lea-Wilson said: ‘I am a mother, and I love and value my two boys equally.
‘Today’s High Court judgment effectively says that my two sons are not viewed as equals in the eyes of the law and I am incredibly sad and disappointed that the court has chosen not to recognise the value and worth of people with Down’s syndrome, like my son Aidan.
‘People with Down’s syndrome face discrimination in all aspects of life, with the Covid pandemic really shining a light on the dangerous and deadly consequences this can have.
‘This ruling condones discrimination, by cementing the belief in society that their lives are not as valuable as the lives of people without disabilities.’
Lord Justice Singh and Mrs Justice Lieven said at the outset of the judgment: ‘The issues which have given rise to this claim are highly sensitive and sometimes controversial.
Beth Costerton, aged eight, with her mother Sarah holds a placard amongst supporters of Heidi Crowter outside the High Court in London
Ms Crowter’s supporters at the High Court where she lost a challenge against the Government over legislation which allows the abortion of babies with the condition up until birth
Cristina Bowman with her son Max, aged four, amongst supporters of Ms Crowter outside the High Court in London
‘They generate strong feelings, on all sides of the debate, including sincere differences of view about ethical and religious matters.
‘This court cannot enter into those controversies; it must decide the case only in accordance with the law.’
The judges concluded that the legislation is a matter for Parliament, which can take account of a range of views, rather than the courts.
They added: ‘The evidence before the court powerfully shows that there will be some families who positively wish to have a child, even knowing that it will be born with severe disabilities.
‘But the evidence is also clear that not every family will react in that way.
‘As it was put on behalf of the defendant, the ability of families to provide a disabled child with a nurturing and supportive environment will vary significantly.
‘The evidence is also clear that, although scientific developments have improved and earlier identification may be feasible, there are still conditions which will only be identified late in a pregnancy, after 24 weeks.’
