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Court rejects case against disability discrimination in abortion law

25 November 2022
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England’s Court of Appeal has rejected a case against disability discrimination in abortion law, brought by campaigner Heidi Crowter.

Ms Crowter, 27, from Coventry, brought legal action against the Department of Health and Social Care in the hope of removing a section of the Abortion Act she believes to be an “instance of inequality”.

Current provisions allow abortion past the legal limit of 24 weeks if a preborn baby is thought to be disabled. Heidi has said this exception sends a harmful message that her life “isn’t as valuable as others”.

Judges ruled last September the legislation was not unlawful and aimed to strike a balance between the rights of the unborn child and of women. The case was reconsidered by the Court of Appeal in July.

Heidi, who has Down’s syndrome, said:

“We face discrimination every day in schools, in the workplace and thanks to this verdict the judges have upheld discrimination in the womb to which is downright discrimination.

"When Wilberforce wanted to abolish the slave trade he didn’t give up when things didn’t go his way. I won’t give up either because the law should be changed to get rid of a negative focus on Down’s syndrome – even the words used in it are offensive.

"This law was made in 1967 when we were not even allowed to go to school because of our extra chromosome , so I think it’s time that the judges move with the times and actually meet people with Down’s syndrome and see the people behind the chromosome.”

A spokeswoman for CARE commented:

“The decision this morning will be heartbreaking for Heidi, parents of disabled children, and many others who support this ground-breaking case. We stand in solidarity with them today and know that many people across the UK will as well.

"It is completely wrong that disability is a ground for abortion up to birth. Would we accept a law allowing babies to be aborted to term based on their sex, or their race? The current approach sends a message that the lives of people with disabilities are worth less than others.

“It is welcome to hear the Heidi wants to continue her fight all the way to the Supreme Court. We trust that, in time, whether it is through this court or the parliamentary process, our country will move away from such regressive policies.”

ENDS

Christian Action Research and Education (CARE) provides analysis of social policy from a Christian perspective. For more information or to request an interview, contact Jamie Gillies | jamie.gillies@care.org.uk

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