Eugenic Abortion Is Discrimination Against People With Disabilities, Says Ordo Iuris in Opinion for the UN

Combating discrimination against people with disabilities

The Ordo Iuris Institute submitted to the UN’s Committee on the Rights of Persons with Disabilities (CRPD) an opinion statement concerning discrimination against persons with disabilities. The statement is a response to the body’s invitation to submit comments regarding the guidelines being prepared to prevent violence on the grounds of disability. The CRPD is a UN treaty body and operates under Article 34 of the Convention on the Rights of Persons with Disabilities from 2006.

Ordo Iuris indicated that eugenic abortion, that is the killing of a child in the womb due to suspected or diagnosed defects of the said child, constitutes a form of discrimination against persons with disabilities under the provisions of the Convention and other instruments of international law. Similar positionsThe Institute presented to the UN Commission on the Status of Women (CSW) in October of this year. The Committee itself, in its invitation to submit opinions, stated that ableism, that is, prejudice against people with disabilities, leads to “the early elimination of foetuses with disabilities, under the belief that their survival is a burden to the society.”

What is eugenic abortion?

In an opinion submitted to the Committee, the Institute’s lawyers first pointed to the concept and significance of eugenic abortion as a form of discrimination against people with disabilities at the prenatal stage of development. In many countries in which abortion is de iure or de facto available on demand, it often occurs because of suspected developmental abnormalities in the unborn child, often associated with disability (e.g., Down syndrome). Ordo Iuris experts point out that such practices contribute to a deterioration in the actual situation of persons with disabilities during the prenatal stage of development, causing their lives to be perceived as worse or less valuable.

Discrimination against people with disabilities is contrary to international standards.

Subsequently, the Ordo Iuris Institute’s lawyers point to treaty provisions as well as opinions of bodies operating within the United Nations system relating to the issue of eugenic abortion. In this context, reference was made to the provisions of the 2006 Convention on the Rights of Persons with Disabilities and to the provisions contained in the 1966 International Covenant on Civil and Political Rights.

In this context, the opinion specifically recalled Article 6 of the International Covenant on Civil and Political Rights, under which every human being has the inherent right to life. Ordo Iuris lawyers recall that the Committee on the Rights of Persons with Disabilities emphasized that “laws which explicitly allow for abortion on grounds of impairment violate the Convention on the Rights of Persons with Disabilities” (Art. 4,5,8). The opinion notes that, even if this condition is considered terminal, the decision is still made based on disability, and it is often impossible to determine whether the disability is indeed lethal.

The statement also refers to a report prepared in 2024 by the Committee on the Rights of Persons with Disabilities, concerning the situation of persons with disabilities in Belgium. This report stated that “societal perceptions that persons with Down syndrome and other impairments are less valuable than other persons contribute to the high level of selective termination of pregnancies following prenatal diagnoses of Down syndrome or other impairments” (point 16(b)). Accordingly, the Committee then recommended that the States parties to the Convention ensure that prospective parents undergoing prenatal testing receive comprehensive information and counseling that promote neither stereotypes concerning persons with disabilities nor values associated with the medical model of disability.

The need to fight abortion and support mothers

Finally, the Ordo Iuris Institute presented its recommendations to the Committee regarding ways to improve the situation of persons with disabilities in the context of discrimination against them. Ordo Iuris lawyers recommend, among other things, a clear condemnation of abortions carried out because of a diagnosed or suspected developmental defect in the unborn child, and recommend that this body take action to promote a policy that ensures equal treatment and protects the right to life for all individuals, regardless of health status or disability. Furthermore, the Ordo Iuris Institute highlights the need to strengthen support mechanisms for pregnant women and their unborn children in whom developmental defects causing disability have been identified or are suspected.

“The Institute’s submission of an opinion on discrimination against people with disabilities in the context of eugenic abortion is worth noting, since unborn children diagnosed with or suspected of having a disability often fall victim to abortion. Even the Committee on Persons with Disabilities itself has drawn attention to this state of affairs. Therefore, combating the harmful stereotype that the lives of people with disabilities at the prenatal stage of development are less valuable than those of healthy individuals is necessary in the context of the need to protect people in this group,” comments Patryk Ignaszczak from the Ordo Iuris Center for International Law.