By Vareen Ismail
On the 23rd of September 2021, Heidi Crowter, a 25-year-old woman with Down Syndrome, along with Maire Lea-Wilson, a mother to a son with Down syndrome, challenged late-term abortions in the High Court of Justice.
The High Court of Justice is the third most senior court in England and Wales. Crowter claims late-term abortion is “downright discrimination” towards people with Down Syndrome, and therefore, the procedure should be illegal.
The Case Against the Abortion Act
Currently, under paragraph 13 of the Abortion Act (1967), abortion after 24 weeks is permitted only if there is a ‘substantial risk’ of the child being seriously handicapped.
The claimants argued that section 1(1)d of the Abortion Act goes against the Human Rights Act 1998 and Articles 2, 3, 8, and 14, of the European Convention On Human Rights. These acts enshrine the right to life, freedom from torture, respect for family and private life, and the right to not be discriminated against in respect to these above rights.
However, the judge dismissed the case, stating that none of the Convention rights apply to the unborn foetus, only to disabled children and adults.
Termination for Medical Reasons
While there are sincere differences of opinion regarding ethical and religious beliefs, I believe no one has the right to force other women to comply with them.
Women who experience the grief and trauma of going through pregnancy termination for medical reasons (TFMR) should not fear becoming criminals, merely because they acknowledge that they do not have the means to advocate for a profoundly disabled child in an ableist world.
“In 2020, 3083 terminations were carried out for medical reasons, with only 229 of those occurring after 24 weeks of gestation”.
According to ARC, a British charity supporting parents through antenatal testing and TFMR, 800,000 women become pregnant each year. Of these women, 40,000 of them will discover their child has a high risk of having genetic abnormalities.
The Department of Health recorded that in 2020, 3083 terminations were carried out for medical reasons, with only 229 of those occurring after 24 weeks of gestation, which are classified as late-term abortions.
In paragraphs 26 and 27 of the High Court judgement Professor Thilaganathan explains the various reasons why late-term abortion occurs.
Common causes are late identification of the pregnancy, social and economic circumstances, and struggling to access the correct services. Often, late-term abortions occur due to antenatal test results coming back late, pushing them over the 24-week mark.
Even though early chromosome testing is available for conditions like Down Syndrome, many women receive an invasive test before terminating a planned pregnancy.
There is No ‘Easy’ Choice
Many of these pregnancies were planned by their parents, so the grief experienced due to pregnancy termination is often unimaginable.
Parents who undergo TFMR often fail to receive support or counselling, which means that their grief is never addressed. This lack of support has resulted in Hayley Manning creating the Time to Talk TFMR podcast, in order to support women who go through this journey.
The women who choose to embark on TFMR do so for a variety of complex reasons. Insinuating that it is an easy, spontaneous decision is callous and shows no empathy for the struggles these women go through.
They often have other caring responsibilities or are struggling with financial difficulties. Therefore, they do not have the means to look after a disabled child.
According to paragraph 45 of the Convention on the Elimination of Discrimination Against Women 1979 Act women, including women with disabilities, are entitled to safe, legal abortions with their informed consent.
Abortion and reproductive rights’ activists need to place women at the center of policy-making decisions. Abortion is a procedure that women do not take lightly, especially late-term abortions.
The Criminalisation of Abortion in America
Unfortunately, this vital act enshrining women’s autonomy is in danger in many parts of the world. This year Texas launched a near-total ban on abortion, preventing women from accessing a safe abortion after six weeks, with no exemptions for rape or incest.
Other US states, such as Oklahoma, Alabama, and Mississippi, have enacted tighter restrictions on abortion access, creating a patchwork of abortion deserts where the nearest, safe, legal and medically licensed abortion centre is eight hours away.
On the 1st of November 2021, the US Supreme Court of Justice heard arguments from abortion providers and the Texas attorney general on whether the law is constitutional.
If the Supreme Court upholds this law it will allow conservative states to pass similar laws to restrict abortion providers.
However, this criminalisation of abortion does not prevent abortions from occurring. It merely prevents safe abortions from occurring, and forces women, many of whom are already vulnerable, to seek out abortions through illegal and unsafe means.
Anti-Abortion Activism in the UK
The United Kingdom is also seeing a rise in anti-abortion activism, even though it is widely viewed as more liberal and secular than America. There are 14 pro-life student societies affiliated with their student union.
Pro-life student societies can, and should continue to be able to, express their viewpoints under free speech, because only by discussing controversial topics can we progress as a society.
However, the presence of these societies suggests that whilst abortion is widely accepted in the UK, there is a rising proportion of the population who disagree with it.
Abortion is a contentious issue, with arguments from both sides of the debate shrouded in emotion. Even among pro-life feminist circles, late-term abortion remains controversial. This is because the foetus has been shown to be able tosurvive independently outside the womb after 24 weeks, thanks to advances in modern medicine.
Crowter’s and Wilson’s lawyer argued that Wilson’s son, who was born at 34 weeks, would have felt tremendous pain if Wilson opted for TFMR. Therefore, Wilson’s son, as well as other foetuses at high risk of down syndrome, should be entitled to the protection of their human rights whilst inside the womb.
But whilst families such as Wilson’s can provide loving homes to disabled children, the same does not apply to every family. There are no accurate tests that can predict how foetal anomalies will affect the foetus’ life longterm. Therefore, it is unfair to argue a woman’s decision to undergo a late-term abortion was carried out in bad faith.
You Can’t Prevent Abortions, You Can Only Prevent Safe Abortions
Abortion has always been a procedure that women have undergone. Lysol, a powerful cleaner, was a common abortifacient in America during the 1950s and 60s when abortion was illegal and there was no effective contraceptives. Lysol abortions resulted in a 66% mortality rate, yet was still often used as a last resort for pregnant women.
An unintended pregnancy has lasting emotional, financial, and physical impacts. However, the other side has a powerful, emotional argument as well. A foetus is a potential for human life, growing into a baby, becoming the most vulnerable member of our society. We as pro-choice feminists should not be afraid to acknowledge this when we defend the choices of women.
“The legality of abortion across the world has little to no effect on how many abortions occur every year”.
When the UK and America decided to legalise abortion, we as a society promised that there would be no more women coming into hospitals with septic infections, profusely bleeding from their vaginas, and rotting organs. Women risked death to access abortion. They will risk death again if abortion is heavily restricted.
Currently, there are twenty six countries where abortion is illegal irregardless of whether the pregnancy was a result of rape or incest. In 37 countries, abortion is illegal unless used to save the mother’s life or preserve her health.
According to the World Health Organisation the legality of abortion across the world has little to no effect on how many abortions occur every year. However, it does effect how many safe abortions occur.
Safe, legal abortion is not “downright discrimination” towards disabled people. It ensures all women, especially women with disabilities, who are particularly vulnerable to sexual assault and are disproportionately economically disadvantaged, have control over their own lives and their own bodies.
Featured image courtesy of Manny Becerra via Unsplash. Image license can be found here. No changes were made to this image.
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