Abortion in Malta : reviewing the legal stance from a pro-choice perspective

Abstract

Presently, Malta remains one out of only six countries which completely criminalise abortion. Only two of these countries are European – the Vatican City State and Malta. Multiple studies have shown that restricting access to abortion does not end the practice. On the contrary, criminalisation has the effect of pushing it underground, to the detriment of millions of women‟s lives and health. This thesis therefore makes the case for a rethink of our current laws on abortion. Technological advances in the field of medicine have made the abortion procedure effortless, and most importantly, safe. When performed under the appropriate professional supervision, both medical and surgical induced abortions are effective and have minimal side effects. A brief analysis of the history of abortion illustrates how abortion was not always a taboo issue, and how anti-abortionists were not always necessarily motivated by the desire to protect the foetus. All states regulate abortion differently, in accordance with what they believe is just for both the woman and the potential life. From the landmark judgment of Roe v. Wade, to the feminist movement in Finland, this thesis examines how the current legal scenario on abortion came to be. Increasingly, international human rights law is also playing a determining role in abortion law. Human rights treaties and their monitoring bodies are exerting political pressure on states such as Ireland to revise their stringent abortion laws. In Malta, the legal position is clear on the matter, however, it does not reflect reality, and is giving rise to a number of social problems. This thesis therefore puts forward three different frameworks which could replace the current position, and concludes that in order to protect women‟s rights while keeping in mind the Maltese context, the way forward for Malta is to legalise abortion in limited circumstances.