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Woman with Down's loses abortion law fight | Woman with Down's loses abortion law fight |
(32 minutes later) | |
Heidi Crowter says "the fight is not over" after losing her High Court case | |
A woman with Down's syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition. | |
Heidi Crowter, 26, from Coventry, brought the case against the government saying the legislation did not respect her life. | |
Her legal team had argued the rules were unlawfully discriminatory. | |
As two senior judges dismissed the case earlier, Ms Crowter said she would seek to appeal against the judgement. | |
Under current legislation for England, Wales and Scotland, there is a 24-week time limit for abortion, unless "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. | Under current legislation for England, Wales and Scotland, there is a 24-week time limit for abortion, unless "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. |
The judges ruled that section of the Abortion Act was not unlawful, and it aimed to strike a balance between the rights of the unborn child and of women. | |
Ms Crowter, who is married and campaigns under her maiden name, tweeted after their ruling to say she was upset not to win "but the fight is not over". | |
She said: "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." | She said: "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." |
This is a very sad day, but I will keep fighting. | This is a very sad day, but I will keep fighting. |
Lord Justice Singh and Mrs Justice Lieven said at the outset of their judgement: "The issues which have given rise to this claim are highly sensitive and sometimes controversial. | |
"This court cannot enter into those controversies; it must decide the case only in accordance with the law." | "This court cannot enter into those controversies; it must decide the case only in accordance with the law." |
Maire Lea-Wilson (centre) brought the case with Heidi Crowter | |
Ms Crowter's lawyers had claimed the legislation was unlawfully discriminatory as it was incompatible with the European Convention on Human Rights. | |
But a the hearing in July, the government said there was no evidence the law discriminated against Down's. | |
Speaking in the summer, Ms Crowter said the law was offensive, and she wanted to challenge people's perception of Down's syndrome so that they saw "just a normal person". | |
She also said then her stance was not a campaign against women's right to choose. | |
Ms Crowter brought the case with another two parties - a child who has Down's, identified in the proceedings only as A, and Máire Lea-Wilson, 33, from London, whose son Aidan has the condition. | |
Ms Lea-Wilson said she had two boys and felt the judgement "effectively says that my two sons are not viewed as equals in the eyes of the law". | |
She added she did not regret bringing the case as it had helped raise awareness, and would also appeal against the judgement. | |
"Equality should be for everyone regardless of the number of chromosomes they have," she added. |