Malta rebuked again over blanket abortion ban

In yet another rebuke of Malta’s blanket ban on abortion, the Council of Europe’s human rights commissioner reiterated that the situation puts women’s rights at “significant risk”.

In her country report on Malta, Dunja Mijatovic urged the Maltese authorities to repeal provisions criminalising abortion.

She said Malta should develop comprehensive regulation of women’s access to legal and safe abortion and improve the availability of sexual and reproductive health services.

This is not the first time that the Council of Europe has highlighted Malta’s blanket ban on abortion as a concern for women’s rights.

Malta is the only EU country to have an outright ban on abortion with no exceptions made if the woman’s health or life are in danger.

However, in its reply to the Commissioner’s remarks, government noted that there have been no registered maternal deaths or complications following abortion over the past 10 years.

Government insisted that no person requiring treatment is ever denied treatment or turned away. “Should the mother’s life be in danger, all efforts are made to save both lives, and the double effect principle applies (such as in ectopic pregnancy).”

Abortion not an intrinsic right - government

But the government also insisted that Malta disagreed with the interpretation that “the right to sexual and reproductive health services includes an intrinsic right to abortion”.

“It remains a Member State competence to decide whether abortion should form part of a range of sexual and reproductive health services at a national level, in accordance with the ICPD Programme of Action,” government said.

While reiterating its commitment to providing access to reproductive healthcare, the government said no arraignments related to illegal abortions have taken place since 2015.

Over the past few years, Malta has seen pro-choice activists increasingly making their voice heard. Independent MP Marlene Farrugia, last year tabled a private member's bill calling for abortion to be decriminalised but it remains off parliament's agenda. The Nationalist Party declared its outright stand against abortion, while the Labour Party said it would allow the debate to take place in society.

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