Laws at stake: Malta’s controversial abortion bill revised, endangering lives

The Controversial Bill to Partially Decriminalize Abortion in Malta Raises Concerns

A Backtracking from Last Year’s Proposal

The Maltese government’s recent decision to water down a bill aimed at partially decriminalizing abortion has sparked outrage and concern from human rights organizations. Amnesty International, in particular, has condemned the bill, stating that it will endanger the lives and health of pregnant individuals. Under the new law, a doctor may only terminate a pregnancy if the person’s life is at immediate risk and before “foetal viability.” Additionally, pregnant individuals whose health is in grave jeopardy but not life-threatening will need the approval of a three-doctor medical panel before they can access an abortion. This exclusion of non-life-threatening cases from the decriminalization bill is deeply disappointing and fails to protect the health and lives of pregnant individuals, according to Elisa De Pieri, Amnesty International’s Europe Researcher.

The Consequences of Three-Doctor Approval Process

One of the main concerns raised by Amnesty International is the requirement of three specialists’ approval before access to an abortion is granted. This process could lead to fatal delays and potentially discourage doctors from presenting cases, further endangering pregnant individuals’ health and lives. The organization argues that such barriers and delays contradict Malta‘s international human rights obligations and violate basic human rights principles. Amnesty International’s concerns are substantiated by a case in June 2022, where a US national experiencing a miscarriage was denied an abortion in Malta, facing the risk of infection and suffering serious mental health consequences due to the criminalization of abortion.

A Restrictive Amendment Increases Criminal Offenses for Abortion

The controversy surrounding the bill deepened when a restrictive amendment was introduced and passed at the committee stage. This amendment significantly expanded the circumstances in which abortion remains a criminal offense. The original proposal for decriminalization aimed to free doctors and pregnant individuals from the threat of criminal prosecution when terminating a pregnancy to protect the life or health of the pregnant person from grave jeopardy. However, the revised bill maintains the criminalization of abortion in all other circumstances, further limiting access to safe and legal abortion.

Calls for Increased Access to Safe and Legal Abortion

Amnesty International, alongside activists and health organizations, has called for guaranteed access to safe and legal abortion for all individuals. They believe that the current bill not only fails to increase access to abortion services but also creates dangerous barriers and delays for those in urgent need of medical treatment. The organization urges the Maltese government to reconsider its decision and align its laws with international human rights standards.

Editorial: Malta‘s Missed Opportunity for Reproductive Rights

The Maltese government’s decision to backtrack on its initial proposal to partially decriminalize abortion is a missed opportunity for advancing reproductive rights in the country. Malta and Andorra remain the only countries in Europe with total bans on abortion, which raises significant concerns about the violation of women’s rights and bodily autonomy. While the government’s recognition of the necessity to save lives through access to abortion services is commendable, the restrictive nature of the bill undermines the progress that could have been made.

Cutting Against International Human Rights Obligations

The revised bill in Malta demonstrates a striking disregard for the country’s international human rights law obligations. The United Nations and other international bodies have consistently called on states to ensure access to safe and legal abortion services. By limiting access to abortion and criminalizing it in most cases, Malta is in direct violation of these obligations. It is essential for the government to recognize that reproductive rights are human rights and take steps to address the restrictions imposed by its current laws.

Human Rights and Public Health Implications

Restrictive abortion laws have both human rights and public health implications. Denying individuals the right to make decisions about their own bodies can have devastating consequences, both physically and mentally. This can also lead to unsafe and clandestine abortions, putting pregnant individuals’ lives at risk. Furthermore, the denial of reproductive healthcare, including access to safe abortion services, perpetuates gender inequality and exacerbates existing social injustices.

Advice: Moving Towards Comprehensive Reproductive Rights

It is imperative for Malta to reassess its stance on abortion and prioritize comprehensive reproductive rights. The government should consider the following steps to ensure adequate protection of women’s rights and access to safe and legal abortion:

1. Revisit the decriminalization proposal:

The government should reconsider its decision to water down the bill and instead embrace a more progressive approach to decriminalizing abortion. This includes expanding the circumstances in which abortion is legal, ensuring adequate access to healthcare facilities that provide abortion services, and protecting individuals’ privacy and confidentiality.

2. Educate the public and healthcare professionals:

Efforts should be made to educate the public and healthcare professionals about the importance of reproductive rights, including access to safe and legal abortion. It is crucial to challenge stigmatization and promote an understanding of the individual’s right to make decisions regarding their own bodies and reproductive health.

3. Foster dialogue and collaboration:

Engaging in open dialogue with human rights organizations, activists, healthcare professionals, and the public is key to finding common ground and developing policies that align with international human rights standards. Collaboration will lead to a better understanding of the diverse perspectives surrounding abortion and help shape inclusive policies.

4. Ensure access to comprehensive reproductive healthcare:

In addition to decriminalizing abortion, the government should work towards ensuring access to comprehensive reproductive healthcare services. This includes providing information on contraception, sexual education, prenatal care, and support for individuals faced with unintended pregnancies.

Conclusion

The controversial bill in Malta, which waters down a proposal to partially decriminalize abortion, has rightly garnered criticism from human rights organizations globally. The government’s decision to restrict access to safe and legal abortion undermines women’s rights and raises concerns about compliance with international human rights obligations. It is crucial for Malta to acknowledge reproductive rights as human rights and work towards comprehensive reproductive healthcare, including access to safe and legal abortion services. Such measures will not only protect pregnant individuals’ health and lives but also promote gender equality and social justice.

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