The Constitutional Court’s recent ruling on abortion has triggered a series of demonstrations in Poland. However, the existing legislation had to be clarified because many have abused it in recent years, for instance to abort their Down syndrome babies.
In several countries Down syndrome counts as a valid reason to terminate pregnancy, but many have proved that – even despite this condition – they can live wholesome, successful lives.
Tensions have been mounting for weeks over abortion regulations in Poland, as a ruling by the Constitutional Court has banned abortion in cases when the fetus suffers from a disability, only allowing it if the pregnancy endangers the mother’s life or is the result of rape.
An amendment submitted by Polish President Andrzej Duda aims to permit the termination of pregnancy if the fetus has a fatal disability.
Abortion in Poland has been banned since 1993, with the three exceptions just outlined. The Constitutional Court’s decision on 22 October merely reviewed the application of the latter, because of a growing tendency of serious violations rooted in the fact that the existing law’s wording allows for a wide range of interpretations. For instance many women chose to undergo an abortion once they found out during pregnancy that their baby had Down syndrome.
Liberal and left-wing organisations are running campaigns across the globe to make abortion as widely available and as loosely regulated as possible. In some countries the abortion law is so extreme as to allow for the termination of the foetus’s life until the very end of pregnancy, with mothers often being allowed to cite any reason whatsoever. In short, one can kill a child if it turns out to have some disability, or if the mom finds out that she is carring a male fetus and wants a baby girl instead.
Down syndrome is a sufficient reason for abortion in several countries. In the UK, for example, fetuses having the condition can be aborted until the end of pregnancy.
Heidi Crowter, a young woman with Down syndrome, feels terrible about the regulation in the UK. Under the Abortion Act, a fetus can be aborted until week 24 for a variety of reasons. However, if the baby has a severe, life-limiting disability, the pregnancy can be terminated until delivery. The latter also applies to children with Down syndrome.
Ms Crowter said: “The current law is unfair. It makes me feel like I shouldn’t exist, and that I’d be better off dead in the eyes of the law. The policy basically says that it’s normal for a baby with Down’s syndrome to be terminated right up until birth.”
She thinks the Abortion Act is downright discriminatory against people suffering in Down syndrome, as it suggests that their life is less valuable. Ms Crowter and others will take the case to court to protest against the regulation and bring about change.
Ms Crowter, however, is not the only one who has proved that Down syndrome does not prevent people from living a full, healthy and successful life.
Lauren Potter
Lauren Potter is an actress with Down syndrome, best known for her role in the Glee television series. She is also an activist and a goodwill ambassador for the Special Olympics.
Pablo Pineda
Pablo Pineda, the award-winning Spanish actor, played a fresh graduate with Down syndrome in the film Me too (Yo, tambien). In real life, Pablo was the first European with Down syndrome to receive a university degree. He holds regular lectures on disability and education.
Zack Gottsagen
Zack Gottsagen has starred in several movies, including the The Peanut Butter Falcon in 2019. Recently he made history by becoming the first person with Down syndrome to present an award at the 2020 Oscars gala.
Tommy Jessop
Tommy Jessop is also an actor; the first with Down syndrome to star in a prime-time BBC drama, the Holby City. He is a founding member of the Blue Apple Theatre in England and has appeared in productions such as Hamlet or Much Ado About Nothing.
John Tucker
John Tucker first appeared as an actor in the Emmy Award-winning series Born This Way, featuring the life of people with Down syndrome. Alongside his castmate Rachel Osterbach, he was one of the first people with Down syndrome to present awards at the Emmy Awards ceremony.
Chris Burke
Chris Burke featured in the Life Goes On television series throughout the ’80s and ’90s. This was the first series with a Down syndrome actor cast in the main role, which greatly contributed to their general acceptance. Later, Burke began working for the National Down Syndrome Society and also appeared in one of Oprah’s shows.
Isabella Springmuhl Tejada
People with Down syndrome also excel in the fashion industry. Isabella Springmuhl Tejada made history in 2016 when her designs were showcased at the London Fashion Week, and she became the first fashion designer with Down syndrome at the renowned event. She now has her own brand called Down to Xjabelle and her collection includes clothes tailored to the unique figure of women with Down syndrome.
Also in 2016, Ms Tejada was chosen to feature on the BBC’s list of 100 most inspirational and influential women. She says her family always told her that she was just like anybody else – she just had an extra chromosome.
Jamie Brewer
Jamie Brewer is a model and an actress. She was the first person with Down syndrome to walk at the New York Fashion Week in 2015. As an actress she starred in most seasons of the American Horror Story. She is also an activist, who worked in Texas earlier trying to improve recognition for disabled people and fighting against the use of the word “retarded” in state legislation.
Madeline Stuart
Madeline Stuart also debuted in the fashion industry. She is widely regarded as the first professional model with Down syndrome. She launched her own clothing label named 21 Reasons Why, in a nod to the extra copy of chromosome 21 that is characteristic of Down syndrome. Some time ago, Madeline told Teen Vogue that she faced difficulties in the industry where many have not taken her seriously.
Tim Harris
Tim Harris is an athlete who won golds at the Special Olympics and is the only person with Down syndrome in the US to have owned his own restaurant. Hugs were also on his menu, and he says giving out hugs was his favourite part of the working day. He gave out nearly 40 thousand hugs over the years.
Chelsea Werner
Chelsea Werner has Down syndrome and was unable to walk until she was 2 years old. Her doctors initially said that she would always have low muscle tone. Nevertheless, she became a four-time US National Championships winner in gymnastics at the Special Olympics. Later, she embarked on a modelling career and has since been on the cover of Teen Vogue and walked at New York Fashion Week.
Paula Sage
Paula Sage is an actress and has a medal from the Special Olympics. She was the first with Down syndrome to receive the British Academy Film Awards (BAFTA).
Collette Divitto
Collette Divitto developed a passion for baking in high school. She created her own recipe for a cinnamon chocolate chip cookie and called it “The Amazing Cookie”. After being rejected from multiple job openings, she decided to start her own business, which she named Collettey’s Cookies. She says she wants to help others with disabilities by giving them paying jobs.
Sujeet Desai
The musician with Down syndrome has won several awards and performed in numerous places. He was the first musician with Down syndrome to perform on the world-famous stage of Carnegie Hall in New York.