For the most part, the way disability is regarded in Britain has changed for the better – those with disabilities now enjoy legal protections that were once unthought of, disabled athletes are admired and, in general terms, society appreciates the needs and capabilities of all kinds of people.
Yet, for all this progress, there is more to be done. In particular, a shameful contradiction in the legal framework at life’s beginning must be addressed. Since 1990, the law has differentiated between those diagnosed with disabilities and their non-disabled contemporaries by allowing unborn disabled babies to be aborted right up to birth, whereas there is a time limit of 24 weeks for the remainder of the unborn. Included in the unprotected are babies with Down’s Syndrome, a condition whereby a person has an extra chromosome altering their development, with consequent mental and physical effects.
In practice, this law means that, shockingly, around 90% of unborn babies with Down’s Syndrome are aborted. Abroad it is often worse; in Denmark, for example, barely any sufferers are born at all.
Given the increasingly positive shared view of disability, one might think this cruel anomaly would have been addressed by now. After all, these days most of us rightly recognise that those with disabilities have as much to contribute as those without them.
Last week, World Down Syndrome Day marked the huge strides made to properly recognise the contribution and importance of people with the condition. Amongst which, a wonderful initiative – WorkFit – brings together employers with jobseekers who have Down’s, providing better support in the workplace – indeed, the Houses of Parliament provides just that kind of work placement.
These advances are a result of the legislation introduced by the Conservative Government in 2022, which ensures that people with Down’s specific social care needs are met. As a result, the law places a duty on authorities providing health, care, education and housing to assess and meet the needs of people with Down’s Syndrome, as well as compelling the provision of guidance on accommodating their wellbeing. This law, the first of its kind anywhere in the world, is one of this Government’s significant achievements.
In the same spirit, attempts in Parliament to address the legal irregularity – allowing Down’s Syndrome babies to be aborted up to full term (40 weeks!) – are being led by my colleague, Dr Liam Fox MP. Last week I backed his campaign to change the law by adding my own name to his amendment.
I did so inspired by the bravery of Heidi Crowter, a woman with Down’s syndrome from Coventry, who has highlighted the shameful reality of disability selective abortion, which singles out to die disabled individuals who might otherwise enjoy long and happy lives.
Abortion is, of course, a highly emotive subject. Nevertheless, surely it is only fair to equalise time limits. Upholding law which directly creates inequities of this kind is not only unethical because it is unjust, but also sacrifices the joy that every new life brings. Regardless of the advantages or disadvantages with which we start, all deserve their chance of what GK Chesterton called ‘The supreme adventure’ of life. So, it is time to recognise that a person born with Down’s Syndrome is as valuable and precious as anyone else.
