Activists riled as Maltese government tones down abortion law changes

The Maltese government toning down changes to the country’s abortion laws has sparked disappointment among local activists who have campaigned for change after one woman was denied life-saving care and had to be medically evacuated, and another was charged for procuring a medical abortion.

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 life of the mother.

In all cases, both 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.

But a series of recent incidents put pressure on the Labour Party government to amend the rules, and for a while, activists were hopeful for change.

In June 2022, American woman Andrea 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.

Doctors refused to carry out any intervention and even initially refused to hand over her medical files to her insurance company which wanted to medically evacuate her. Paperwork was only released after a local lawyer intervened, and she was then evacuated to Mallorca, where the procedure was carried out.

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.”

With several thousand Maltese women seeking abortions abroad or using pills illegally every year, combined with pressure following the high-profile cases, the government sought to change the law.

The Maltese Labour Party proposed amendments allowing life-saving procedures to be carried out when the mother’s health is at serious risk. The law passed a second reading in parliament in December but saw the government back down on key aspects on Friday last week.

Health Minister Chris Fearne said the bill was being amended so that termination could only occur when a mother’s life was in danger once all other possible treatment had been exhausted.

Three doctors must agree upon that procedure, which may only occur in a licensed clinic.

The change reportedly comes due to a public statement from President George Vella, who said he would resign rather than sign the amendments, repeatedly appealing for the text to be revised.

On Monday, President of the Labour Party Ramona Attard and Parliamentary Secretary Rebecca Buttigieg said that in cases where there is immediate danger to the woman’s life, three signatures would not be needed.

Buttigieg added, “For the first time, this amendment will provide professionals trying to safeguard the life of a woman who is experiencing complications during her pregnancy the peace of mind that they are not at risk of going to prison and that the law covers their work.”

But pro-choice activists are not happy and say it could lead to a situation “even worse than the status quo”.

The Voice for Coalition said it would lead to a pregnant woman being left “permanently disabled or dead,” adding it is a “betrayal to women” and the government is effectively saying that “women should only be protected if they are going to die”.

They also stated that doctors will likely seek authorisation even in cases where it is not needed, fearing prosecution and therefore risking deadly delays.

They have withdrawn their support for the bill and called on the government to engage in more consultations “to avoid making a historic mistake.”

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.

As such, politicians have generally shied away from the topic, with the ruling Socialists being the first in the country’s history to push for change.

At an EU level, in 2022, MEPs urged that abortion should be included in the EU Charter of Fundamental Rights following a vote that saw 324 agree, 155 against and 38 abstentions. They called on EU member states to decriminalise abortion and guarantee access to all women and girls.

(Alice Taylor | Exit.al)