Abortion in Malta

Abortion in Malta is illegal in all cases, Malta has one of the strictest anti-abortion laws in the world.[1] Malta is the only country in the European Union to prohibit abortion entirely and one of the two European countries to prohibit it with Andorra.[2] Treatment for an ectopic pregnancy is allowed with a case-by-case decision.[3][4]

Monument for the unborn child on a main road between Mosta and Naxxar

Criminal code

The Criminal Code states:[5]

"(1) Whosoever, by any food, drink, medicine, or by violence, or by any other means whatsoever, shall cause the miscarriage of any woman with child, whether the woman be consenting or not, shall, on conviction, be liable to imprisonment for a term from 18 months to three years"; and

"(2) The same punishment shall be awarded against any woman who shall procure her own miscarriage, or who shall have consented to the use of the means by which the miscarriage is procured."

In 2005, Tonio Borg, a Maltese politician, sought to amend the constitution to completely ban abortion.[6]

Statistics

It is estimated that anywhere between 300 and 400 Maltese women travel abroad to have abortions each year, mostly to the UK (about 60 per year) and Italy, with Germany, the Netherlands, and Belgium being some of the other destinations as well.[7] This estimate means that Maltese women have abortions about as often as the EU average, despite Malta being the only EU country which bans the procedure (the rate for Malta is between 3.6 and 4.7 per thousand women; the EU average is 4.4).[7]

Decriminalization proposals

On 12 May 2021, Maltese independent MP Marlene Farrugia made the country's first ever legislative proposal to decriminalize abortion, arguing "We all know that safeguarding women’s rights does not come through the threat of putting them in prison". Farrugia's proposal would strike out three articles in Malta's criminal code and replace them by a law punishing forced abortion with ten years imprisonment.[8][9]

On 21 November 2022, prime minister Robert Abela presented a bill, which would allow women to have an abortion if the pregnancy endangers their lives.[10] However, cases of rape, incest, and others, abortion would remain illegal. Moreover, opposition leader Bernard Grech stated that this bill was means for the Labour Party to introduce abortion in Malta, and insisted that the Nationalist Party would remain opposed to it.[11][12]

References
  1. Caruana-Finkel, Liza (2020). "Abortion in the time of COVID-19: perspectives from Malta". Sexual and Reproductive Health Matters. 28 (1): 1780679. doi:10.1080/26410397.2020.1780679. PMC 7888021. PMID 32516072.
  2. "Malta now only EU country apart from Northern Ireland without life-saving abortion law". Malta Independent. Retrieved 6 September 2014.
  3. "Doctors praise protocol for ectopic pregnancies after woman's claims".
  4. "Malta rebuked again over blanket abortion ban".
  5. "What does the law actually say?". Malta Humanist Association. Retrieved November 12, 2016.
  6. "Plans for abortion law to be entrenched in Constitution". Times of Malta. May 7, 2005.
  7. "300 to 400 Maltese Women Go Abroad For An Abortion Each Year". Times of Malta. February 4, 2018.
  8. "Malta MP tables historic bill to decriminalise abortion". www.euractiv.com. 13 May 2021. Retrieved 13 May 2021.
  9. "MP Marlene Farrugia presents bill to decriminalise abortion". Times of Malta. Retrieved 2021-05-12.
  10. "Bill allowing abortion if woman's health in 'grave jeopardy' is presented". Times of Malta. Retrieved 2022-11-27.
  11. Dimech, minn Tony. "Il-Kap tal-Oppożizzjoni jgħid li l-Gvern qed ibexxaq il-bieb għall-abort". TVMnews.mt. Retrieved 2022-11-27.
  12. "Speak out against attempts to introduce 'abortion', Bernard Grech urges". Times of Malta. Retrieved 2022-11-27.


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