[I.J. Keown] Eugenics and the Law

Much of the literature on eugenics and the law deals with legislation in the first half of the twentieth century permitting eugenic sterilisation, particularly in the US and Nazi Germany. [1] Fortunately, England did not enact such legislation. [2] Unfortunately, English law has not escaped eugenic influence. This paper considers the influence of eugenics in the second half of the twentieth century on the law in England relating to abortion, in vitro fertilisation and the non-treatment of disabled newborns. It concludes that in these areas English law, which has exercised a major influence on laws around the world, betrays a profound eugenic influence. The paper comprises two parts. Part I, the main part of the paper, concerns eugenics and the unborn. It notes substantial eugenic influence on the law of abortion, and also touches on eugenic influences on the law regulating in vitro fertilisation. Part II concerns eugenics and children after birth and notes the disturbing extent to which the law allows eugenic considerations to compromise their right to life, their right not to be intentionally killed, or to be denied treatment and sustenance, on the ground that they lack a ‘worthwhile’ life.