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Woman with Down's syndrome loses abortion law fight | Woman with Down's syndrome loses abortion law fight |
(8 months later) | |
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Heidi Crowter says she will not stop her fight against the current abortion laws | Heidi Crowter says she will not stop her fight against the current abortion laws |
Heidi Crowter says she will not stop her fight against the current abortion laws | |
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. | 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 in July, saying the legislation did not respect her life. | Heidi Crowter, 26, from Coventry, brought the case against the government in July, saying the legislation did not respect her life. |
Her legal team had argued the rules were unlawfully discriminatory. | Her legal team had argued the rules were unlawfully discriminatory. |
The government maintained there was no evidence the law discriminated against Down's. | The government maintained there was no evidence the law discriminated against Down's. |
As two senior judges dismissed the case earlier, Ms Crowter said she would seek to appeal against the judgement, adding "the fight is not over". | As two senior judges dismissed the case earlier, Ms Crowter said she would seek to appeal against the judgement, adding "the fight is not over". |
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 found 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. | The judges found 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, said: "We face discrimination every day in schools, in the work place and in society. And now thanks to this verdict the judges have upheld discrimination in the womb too." | Ms Crowter, who is married and campaigns under her maiden name, said: "We face discrimination every day in schools, in the work place and in society. And now thanks to this verdict the judges have upheld discrimination in the womb too." |
She added on Twitter: "The judges might not think [the law] discriminates against me, the government might not think it discriminates against me, but I am telling you I feel discriminated against." | She added on Twitter: "The judges might not think [the law] 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. | 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." |
They said they had heard evidence showing some families would "positively wish to have a child" even knowing it would be born with severe disabilities. | They said they had heard evidence showing some families would "positively wish to have a child" even knowing it would be born with severe disabilities. |
But the judges also said there was clear evidence not every family would react the same way and the ability to provide for a disabled child would "vary significantly". | But the judges also said there was clear evidence not every family would react the same way and the ability to provide for a disabled child would "vary significantly". |
They added while scientific developments had improved, some conditions would only be found late in a pregnancy, after 24 weeks. | They added while scientific developments had improved, some conditions would only be found late in a pregnancy, after 24 weeks. |
The judges concluded the legislation was a matter for Parliament "which can take account of different interests and viewpoints, rather than in litigation". | The judges concluded the legislation was a matter for Parliament "which can take account of different interests and viewpoints, rather than in litigation". |
Máire Lea-Wilson (centre) brought the case with Heidi Crowter | Máire 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. | Ms Crowter's lawyers had claimed the legislation was unlawfully discriminatory as it was incompatible with the European Convention on Human Rights. |
But at the hearing in July, the government said not only was there was no evidence of discrimination, provisions were in place to discourage it. | But at the hearing in July, the government said not only was there was no evidence of discrimination, provisions were in place to discourage it. |
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". | 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. | She also said then her stance was not a campaign against women's right to choose. |
'Abortion law for Down's doesn't respect my life' | 'Abortion law for Down's doesn't respect my life' |
'See the person behind the extra chromosome' | 'See the person behind the extra chromosome' |
Latest news and updates from the West Midlands | Latest news and updates from the West Midlands |
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 Brentford, London, whose son Aidan has the condition. | 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 Brentford, London, whose son Aidan has the condition. |
Heidi Crowter says people with Down's syndrome face discrimination in all areas of their lives, including in the womb | Heidi Crowter says people with Down's syndrome face discrimination in all areas of their lives, including in the womb |
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". | 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 of the issues, and said she too would appeal against the judgement. | She added she did not regret bringing the case as it had helped raise awareness of the issues, and said she too would appeal against the judgement. |
"Equality should be for everyone regardless of the number of chromosomes they have," she said. | "Equality should be for everyone regardless of the number of chromosomes they have," she said. |
Speaking in July, British Pregnancy Advisory Service told the BBC there was "a relatively small number of abortions every year" taking place after 24 weeks. | Speaking in July, British Pregnancy Advisory Service told the BBC there was "a relatively small number of abortions every year" taking place after 24 weeks. |
If you have been affected by issues raised in this story, sources of support are available via the BBC Action Line. | If you have been affected by issues raised in this story, sources of support are available via the BBC Action Line. |
Follow BBC West Midlands on Facebook, Twitter and Instagram. Send your story ideas to: newsonline.westmidlands@bbc.co.uk | Follow BBC West Midlands on Facebook, Twitter and Instagram. Send your story ideas to: newsonline.westmidlands@bbc.co.uk |