Malta’s abortion law reform insufficient, critics say

Malta’s recent reform of the total ban on abortion in all circumstances to now allowing it in cases where the mother’s life is at risk is viewed by critics – including those in the EU Parliament – as a small and inadequate step towards safeguarding women’s reproductive rights.

Malta, a Catholic country in southern Europe, is home to the bloc’s most draconian abortion laws. Currently, abortion is illegal in all circumstances, even in cases of rape, incest and where the mother’s life is in danger. Additionally, no medical procedure can be performed, which may risk the foetus dying, even if it is to save the mother’s life.

In all cases, the mother and any involved medical professional can face criminal prosecution and prison, with the latter at risk of being unable to continue practising their profession.

The ruling Labour Party proposed an amendment to the law which would allow abortion in cases where a woman’s health is at risk, but this was changed at the last moment to if her life is at stake, and a decision requiring the sign-off of three doctors except in the most urgent cases.

“The adopted legislation will not serve its purpose of advancing protections in Maltese law for women’s health and lives during pregnancy, and access to abortion care in Malta will remain illusory for women who need it,” said Katrine Thomasen, Associate Director for Europe at the Center for Reproductive Rights.

“This highly restrictive and unworkable law will do little to address the impact of the total abortion ban, which has harmed so many women in Malta,” she added.

While Malta has removed the total ban, some see this amendment as a way to avoid creating real change.

“The Maltese law is, in theory, an improvement, but in practice, it may just serve as a fig leaf for Malta to refrain from necessary changes to its health care legislation,” FEMM Committee member and Renew MEP Karen told EURACTIV.

“Being able to provide the needed care only when the mother is “at the risk of death” will endanger many pregnant persons as doctors will be scared to provide the needed care. We already see that happening in Poland, where women are dying because they are not given the health care they need,” she added.

“The new proposal would likely not even cover cases like that of Andrea Prudente, so women’s lives are still at risk,” Renew MEP Sophie in ‘t Veld told EURACTIV.

Prudente was visiting Malta with her partner to celebrate her pregnancy but started suffering a miscarriage. Doctors told her that her 16-week-old foetus had zero chance of survival but said they could not carry out an abortion as it still had a heartbeat, thus leaving her at risk of sepsis, haemorrhage, and severe mental distress.

She requested medical evacuation, but doctors refused to hand over the paperwork to her insurance company, and it was only released after a local lawyer intervened. She was then evacuated to Mallorca, where she obtained an abortion and recovered—Prudente has since initiated legal action against the Maltese state over the matter.

In early June, a Maltese woman, who was in an abusive relationship, had been assaulted by her partner, and was suffering from mental health issues at the time of her arrest, was charged with having a medical abortion at home by way of tablets – something that is also illegal in Malta.

The court said that while her situation- referring to the abuse she suffered at the hands of her partner- does not excuse her actions, she could have sought help to address her emotional and mental state instead of opting for the “extreme measure.”

Meanwhile, several hundred Maltese women obtain abortion pills online every year, with hundreds travelling abroad to undergo the process.

Over the years, so-called ‘pro-life’ groups have called for the laws to be tightened, even requesting pregnancy tests for women travelling abroad or prosecuting those who leave the country, have an abortion abroad and then return.

Abortion in Malta remains highly divisive as the country is predominantly Catholic, with very strong ties to the Vatican.

Those calling for decriminalisation in full, or even slight amendments to the law, are met with fierce resistance, including online abuse, harassment, and even physical harassment in public. Even those who write about having abortions or come out in favour of loosening laws hide their names for fear of retribution and losing their jobs.

While abortion laws are decided individually by member states, the EU is still being encouraged to keep an eye on it. “We encourage the Commission to make sure that EU law is observed and respected by all member states,” LIBE Committee Chair and S&D MEP Juan Fernando López Aguilar told EURACTIV, highlighting that this includes the “competence” of member states when it comes to sexual and reproductive rights.

(Sofia Stuart Leeson | EURACTIV.com, Alice Taylor | EURACTIV.com)