A woman with mongolism lost a court challenge against British government Thursday over a law allowing the abortion up until birth of a fetus with the condition.
Heidi Crowter, 26, and two others took the Department of Health and Social Care to court, arguing that a part of the Abortion Act is discriminatory and violates the ecu Convention on Human Rights.
Abortions in England, Wales and Scotland are allowed up till 24 weeks of pregnancy. But the law states that terminations are often allowed up until birth if there’s “a substantial risk that if the kid were born it might suffer from such physical or mental abnormalities on be seriously handicapped.”
Crowter, who lives independently and recently got married, has said that she found the legislation “offensive” and disrespectful. She said she wanted to vary the law to challenge people’s perception of mongolism .
Two senior judges dismissed the case Thursday after a two-day hearing, concluding that the legislation isn’t unlawful which it aims to strike a balance between the rights of the unborn child which of girls .
Judges Rabinder Singh and Nathalie Lieven said the case gave rise to strong feelings and differences over ethical and non secular views, but the court must not enter into such controversies and rule only in accordance with the law.
“The evidence before the court powerfully shows that there’ll be some families who positively wish to possess a toddler , even knowing that it’ll change state with severe disabilities,” they said. “But the evidence is additionally clear that not every family will react therein way,” they said, and lots of families might not be ready to provide a disabled child with a supportive environment.
“The evidence is additionally clear that, although scientific developments have improved and earlier identification could also be feasible, there are still conditions which can only be identified late during a pregnancy, after 24 weeks,” the judges added.
Crowter brought the case with Maire Lea-Wilson, 33, who features a son with mongolism , and an unidentified child with the condition.
She said she plans to appeal the ruling.
“The fight isn’t over,” Crowter said outside the Royal Courts of Justice in central London, surrounded by supporters.
“We face discrimination a day in schools, within the workplace and in society. because of the decision , the judges have upheld discrimination within the womb too,” she said.
Paul Conrathe, a lawyer from the firm representing the three claimants, called the judgment disappointing and “out of step with modern attitudes to disability.”
“By allowing babies with (Down) syndrome to be aborted up to birth, unlike neurotypical babies, the law sends a strong message that the lives of individuals with (Down) syndrome are of lesser value,” he said.