Legality of Disability Selective Abortion: Discrimination and Privacy Laws Under the ECHR

Abstract

Disability Selective Abortion (“DSA”) is a contested issue in disability studies. Most countries that allow a right to abortion also permit selective abortion on grounds of foetal disablement. In the United Kingdom (UK), s.1(1)(d) of the Abortion Act 1967 allows for the termination of pregnancies where the foetus is likely to be disabled. Section 1(1)(d) was challenged in R. (Crowter) v Secretary of State for Health and Social Care as being in violation of the ECHR. The challenges were dismissed. This article discusses some of the issues relating to s.1(1)(d) and DSA to question some of the explicit and implicit assumptions involved in its justification. A general right to abortion is important, but DSA does have an impact on disabled people in violation of rights under the ECHR that needs to be acknowledged and addressed. The article concludes with a discussion of changes that need to be made in law and society to ensure greater reproductive justice.