Not a ‘real’ baby?

The High Court has decided that the parents’ right to terminate pre-born babies with severe foetal abnormalities is not discriminatory.

A judicial review was brought against the government on the basis that the Abortion Act 1967 is incompatible with the European Convention on Human Rights (ECHR).

The court’s approach and rationale can be promptly explained. The Abortion Act does not, it ruled, interfere with the rights under Article 8 or Article 14 of persons with disabilities. Even if it did, this was lawful and objectively justified as proportionate in striking a balance between the rights of pregnant women and those of the foetus.