Council of Europe Human rights commissioner welcomes abortion amendment

The exceptions to Malta’s strict anti-abortion law that parliament is discussing are “a first imperative step” to protect women’s rights, the Council of Europe human rights commissioner said.

Council of Europe Commissioner for Human Rights Dunja Mijatović welcomed the proposal put forward by government to decriminalise abortion when a woman’s life or health is at risk. But she also called for more steps to be taken to legalise abortion.

“The Bill to allow abortion when a woman’s life or health is at risk currently before Malta's Parliament is a first imperative step to protect women’s rights. Further measures must follow to fully guarantee women’s access to safe and legal abortion care,” Mijatović said on Monday.

Reiterating recommendations she has made over the years, Mijatović said Malta must fully repeal provisions criminalising abortion and provide access to safe and legal abortion care. She added that Malta must also safeguard access to health care in case of refusals on grounds of conscience.

Mijatović said contraceptive services must be made available and affordable, while providing mandatory comprehensive sexuality education.

Government is proposing an amendment to the Criminal Code that would allow a pregnancy to be terminated if a woman’s health or life is in danger. The change removes the risk of criminal action against either the doctor or the mother in such cases.

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Abortion will, however, remain illegal and punishable by jail time.

Pro-choice groups have welcomed the limited exceptions but have asked for abortion to be fully decriminalised, something the government insists it has no mandate for.

Pro-life groups are opposing the proposed changes, saying that the inclusion of health as an exception would open the doors wide for on-demand abortions.

The Nationalist opposition in parliament said it will vote against the amendment, insisting the exception should only be limited to when a woman’s life is at risk.

Thousands of people on Sunday protested in Valletta against the proposed amendment.

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