She lost her legal battle to change the law – in force in the UK – that allows pregnant women, if the fetus has Down syndrome, to terminate pregnancy until the day of birth. Heidi Crowter, a 26-year-old woman with Down syndrome, raised the case with Màire Lea-Wilson, whose son Aidan was born with trisomy 21: together they appealed toAbortion Act of 1967, which sets a 24-week limit for abortions, unless there is a “substantial risk “of the child being” severely handicapped “.
In a two-day hearing in July, the two women argued that the law allows abortion until the last day stigmatizes people who are born with Down syndrome, violating the rights enshrined in the European Convention on Human Rights (ECHR) and, more generally, “the rights to dignity, autonomy and personal development”. However, the judges did not agree with them: according to the court, the legislation in force is not illegal and aims to strike a balance between the rights of the unborn child and those of women.
«The issues that gave rise to this appeal are very sensitive and sometimes controversial, ”the judges explained in the sentence. “They generate strong feelings and sincere differences of views on ethical and religious issues. This court cannot enter into those disputes; must decide only in accordance with the law “.
And again: “There is important evidence, which has been brought before this court, of families who have created a loving environment for children born with severe disabilities, but we do not know what would happen, in case some women felt compelled by the fear of violating criminal law to give birth to children who will not be loved or wanted ”.
Heidi Crowter commented that it is a “sad” day for her, and has promised to keep fighting. Together with her husband, James Carter, out of the Royal Courts of Justice, he explained: “The judges may not think that this law discriminates me, the government may not think that it discriminates me, but I am telling you that I feel discriminated against. The verdict does not change the way I and thousands of other people with Down syndrome feel. ‘
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