Arguing that both the UN Committee on the Rights of Persons with Disabilities [2] and the Disability Rights Commission [3] have criticised UK laws which allow the termination until birth of children with non-lethal disabilities, they are challenging current legislation on the grounds of discrimination against people with disabilities.
With the recent legalisation-through-the-back-door of abortion in Northern Ireland, [4] an open letter has been sent to the British Prime Minister by nearly 2,000 members of the UK Down's community asking him not to allow such a discriminatory provision to come into Northern Ireland law at the end of March. [5]
A consultation on how abortion law provisions would come into effect closed in December 2019. CMF was among several organisations arguing against abortion up to birth for disabilities. [6] Northern Ireland is the only part of the UK where children with Down syndrome are not routinely aborted. [7] In the rest of the UK, 90 per cent of Down's babies are terminated. [8] In some parts of Scandinavia, that figure is closer to 100 per cent. [9] The Down's community argues that if this rate of termination was allowed for gender, race or other characteristics, there would be an outcry. But British society seems increasingly blind and uncaring towards those living with disabilities and does not seem to want to 'waste time' hearing what they and their supporters have to say on this and many other issues. So, it remains to be seen if these arguments will be listened to in the current parliamentary climate.
While Crowter's court case and the Northern Ireland open letter make it clear that this is primarily a matter of disability rights, the pro-choice movement is strongly arguing for a radical opening up of abortion law and the removal of all current safeguards. [10] We are set up for a head-on clash around competing sets of rights and freedoms. The voices of the marginalised and vulnerable are in danger of being silenced yet again.