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On the 19th December, the Government of Malta announced Bill 28, a bill that would amend the criminal code to allow for terminations of pregnancies to protect the health of pregnant women suffering from medical complications which would put her life at risk or put her health in grave jeopardy. 

The original bill read:

"No offence under article 241(2) or article 243 shall be committed when the termination of a pregnancy results from a medical intervention aimed at protecting the health of a pregnant woman suffering from a medical complication which may put her life at risk or her health in grave jeopardy."

Following another reading of the bill in Parliament, the Government of Malta announced that the following changes will be made to the bill (Times of Malta, 23rd June 2023):

• Abortion will be allowed if a woman's life is at imminent risk, or if her health is in grave jeopardy which may lead to her death
• Terminations can only take place once all other treatments are exhausted 
• Decisions must be taken by three specialists
• Interventions can only take place in licensed clinics
• If the foetus can live outside the womb, the mother must give birth

The new text reads:

"No offence under sub-article (2) of article 241 or article 243 shall be committed when the cessation of a pregnancy or damage to the foetus results from a medical intervention carried out for the purpose of saving the life and protecting the health of a pregnant woman suffering from a medical complication which may put her life at immediate risk or her health in grave jeopardy which can lead to death:

Provided that the exemption from criminal responsibility by virtue of this article shall apply only when after having considered the medical practices current in Malta circumstances of necessity still subsist which dictate that the medical intervention be carried out and if the following conditions are fulfilled:

(a) in the case of a pregnant woman suffering from a medical complication which may put her life at immediate risk the medical intervention is done when in the reasonable opinion of the medical practitioner carrying out the intervention the foetus has not reached the period of viability;

Or

(b) in the case of a medical intervention carried out due to a medical complication which places the health of a pregnant woman in grave jeopardy which may lead to death:

(i) that in the reasonable opinion of the medical team the foetus has not reached the period of viability and cannot be delivered according to the standards of the medical profession;

And

(ii) that the medical intervention is carried out only after the medical team has confirmed the necessity of the intervention; and

(iii) that the medical intervention is carried out in a licensed hospital having the facilities required for the necessary medical intervention to be carried out;

(c) For the purposes of this article:

“medical team” means three medical practitioners registered as specialists with the Medical Council under the Health Care Professions Act two of whom being obstetricians or gynaecologists one of whom being the obstetrician who carries out the intervention, and the third medical practitioner being a specialist in the condition from which the pregnant woman is suffering;

“period of viability” means the point in a pregnancy at which the foetus is capable of living outside the uterus according to current medical practices.”

Stance

The proposed amendments are a disappointment to thousands of pro-choice citizens across Malta and Gozo- and it's time that we raise our voice, and send a clear signal to Malta's legislators that this is not good enough!

Allowing terminations of pregnancies only in instances which may lead to death ignores the reality of multiple women who have been made permanently and severely physically disabled due to being forced to continue on with unsafe pregnancies. Pregnant people should not have to be facing certain death in order to access health rights!

Additionally to this, and in the words of local pro-choice coalition Voice For Choice, the idea of requiring three specialist' consent before a pregnant person can access treatment is "unworkable and dangerous", as their health would be at grave risk. People who are pregnant should not have to be put in situations where they are made to wait for three specialists to debate over whether they should receive life-saving treatment! The very idea of this is absurd and we call on the government to revoke these amendments and go back to their original wording and for MPs to vote against these proposed amendments!