Northern Ireland

Woman with Down's Syndrome in High Court battle with government on abortion law

Heidi Crowter (right) and Maire Lea-Wilson ahead of their landmark case against the UK government to challenge legislation which allows abortions up to birth for babies with the condition. Picture by Stefan Rousseau/PA Wire
Heidi Crowter (right) and Maire Lea-Wilson ahead of their landmark case against the UK government to challenge legislation which allows abortions up to birth for babies with the condition. Picture by Stefan Rousseau/PA Wire Heidi Crowter (right) and Maire Lea-Wilson ahead of their landmark case against the UK government to challenge legislation which allows abortions up to birth for babies with the condition. Picture by Stefan Rousseau/PA Wire

A woman with Down's syndrome who is taking the British government to court over a law which allows the abortion of babies with the condition up until birth has said she "won't stand" for "discrimination" against people with disabilities.

Heidi Crowter (26) from Coventry is one of the three claimants bringing legal action against the Department of Health and Social Care in the hope of removing a section of the Abortion Act they believe to be an "instance of inequality".

Maire Lea-Wilson (33) from west London, whose son Aidan has Down's syndrome, is also bringing the case.

In England, Wales and Scotland, there is a 24-week time limit on having an abortion.

But terminations can be allowed up until birth if 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.

At a two-day High Court hearing that began today, lawyers on behalf of Ms Crowter argued the law is incompatible with the European Convention on Human Rights, and therefore unlawfully discriminatory.

A demonstration in support of the claimants was held outside the Royal Courts of Justice in London ahead of the landmark case, during which dozens of people held banners and placards, some of which read "Don't screen us out" and "Love doesn't count chromosomes".

DUP MP Carla Lockhart was among those who voiced support for the two women.

"Incredible and outrageous that Heidi and Maire Lea-Wilson are having to take this case to protect those unborn babies who have Down Syndrome," she wrote on Twitter.

"Their lives are precious."

Ms Crowter told PA: "I am someone who has Down's syndrome and I find it extremely offensive that a law doesn't respect my life, and I won't stand for it".

Putting his argument before Lord Justice Singh and Mrs Justice Lieven, the claimants' barrister Jason Coppel QC said: "Two of the claimants are in the minority of foetuses who were diagnosed with the condition and not aborted, and they live happy and fulfilling lives, as evidence shows the majority of people with Down's syndrome do.

"The mother of Aidan believes it is morally and ethically wrong to destroy a life on the grounds of a disability. But what we will try and establish is that it is legally wrong."

Mr Coppel said the current law "stereotypes and demeans".

Ms Crowter and Ms Lea-Wilson want to make it unlawful to abort a child on the basis of them being diagnosed with a non-fatal foetal disability such as Down's syndrome, or for the state to provide funding for such an abortion.

The government says the case should be dismissed on the grounds there is no evidence of a connection between the law and discrimination against those with Down's syndrome and that it does not constitute "negative stereotyping".

It will also say there are provisions in place to discourage disability discrimination, such as the guidance for doctors being that it is necessary to support women who choose to carry a pregnancy to term, even if there is a foetal abnormality, and that an abortion must be signed off by two doctors.

The hearing concludes today with a ruling at a later date.