On Friday, November 25, British justice rejected the appeal of a woman who challenges the right to abortion possible until birth when the unborn baby has Down's syndrome.
Heidi Crowter, 27 and herself with Down syndrome, had sued the Ministry of Health hoping that this part of the British abortion law would be withdrawn, considering it to be an “
inequality
”.
Abortion possible until birth in case of disability
In England, Wales and Scotland, pregnant women can have an abortion up to the 24th week of pregnancy.
Abortion is however possible until birth in the event of “
substantial risk, if the child is born, that it suffers from such physical or mental abnormalities that it will be seriously handicapped
”, a definition which includes trisomy 21.
Heidi Crowter lost at first instance last year, with judges saying the legislation aims to strike a balance between the rights of the unborn child and those of women.
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In July during the appeal trial, Heidi Crowter's lawyer, Jason Coppel, told the court that this exception made for babies with this type of disability fuels the idea that these people "
do not deserve to live and that their lives are worth less than those of able-bodied people
”.
“
The court recognizes that many people with Down syndrome or other disabilities may be upset or offended that the diagnosis of a serious disability during pregnancy is in law grounds for terminating (the pregnancy) and may consider this to imply that their own lives are worth less
,” the judges said on Friday.
"
But to believe that this is what the law implies, is not in itself sufficient
" to justify this recourse, they considered.
“I will continue to fight”
After the verdict, Heidi Crowter told reporters she was considering whether to take the case to the Supreme Court.
“
I will continue to fight
”, she reacted, explaining that this new judgment gave her “
the impression of not having as much value as a person without Down syndrome
”.
"
When we started this legal action, few people knew the law but today, many, many people know it thanks to us
," she said.
A syndrome characterized by serious problems in physical and mental development, trisomy 21 is caused by the presence of a third chromosome 21.
