Northern Ireland abortion: Woman with Down's Syndrome - Heidi Crowter of Don't Screen Us Out campaign - takes disability discrimination case to European Court of Human Rights

Her efforts were almost successful when the bill narrowly failed being passed in December 2021, with MLAs voting against it by just 45 votes to 42.

Now the Coventry woman is challenging UK legislation which permits abortion up to birth if the baby is disabled, by taking her case to the European Court of Human Rights (ECHR).

In November last year, England's Court of Appeal decided against Ms Crowter’s case, in a ruling condemned by disability rights groups.

Heidi Crowter said: “I am taking my case all the way to the European Court of Human Rights at Strasbourg because it is downright discrimination that people with disabilities are treated differently.

"In 2023, we live in a society where disabled people are valued equally after birth but not in the womb,” said Heidi, who is part of the Don’t Screen Us Out Campaign.

"Our law singles out babies with disabilities. It says that babies can’t be aborted after 24-weeks if they are not found to have a disability, but if a baby is found to have Down’s syndrome, they can be aborted up until birth. This is the current law in the UK and I think it’s not fair.

"This law sends a message to people like me with Down’s syndrome that we are less valuable than others. This is not true and it is not right.”

Jamie Gillies is a spokesman for faith-based public affairs charity, CARE, which is backing her campaign. He says it is not certain how her case might impact Northern Ireland legislation if she wins.

"If Heidi wins the right to have her case heard by the ECHR, and it rules in her favour, this will place pressure on the UK Government to change its law," he said.

"UK ministers wouldn’t necessarily accept the decision but it’s very rare for the UK not to accept ECHR rulings. It’s difficult to say at this stage how a ruling would impact Northern Ireland – particularly with the Assembly being inactive. Much depends on what the ruling says, and how it’s interpreted."

However NI-pro choice campaigner Goretti Horgan said that when the Stormont health committee took evidence on the matter, foetal medicine doctors said that the main impact of passing the law would be to force people into rushed decisions. "It would mean couples would have just two to three weeks from hearing the diagnosis to making a decision on whether to continue the pregnancy,” she said.

She said such a change in the law would limit the time for follow up tests – and getting second or third opinions – after an initial diagnosis of disability.

The Don’t Screen Us Out Campaign says there were 3,370 disability-selective abortions in England and Wales in 2021, a 9% increase from 2020. It also said there were were 859 abortions where a baby had Down’s syndrome in 2021, an increase of 24% from 2020.