The legal status of the unborn child in Malta

Abstract

Lately a global resurgence in the public awareness of protection of the rights and interests of unborn children has led to various legal actions being taken. While many countries followed in the steps of Roe v. Wade, American states are currently retrenching their positions by seeking a legislative approach, which aims at protecting the foetus. Maltese law establishes the office of Commissioner for Children with the function of protecting the unborn child and the Maltese Embryo Protection Act has been enacted to attain the purpose of its title, protecting the embryo. The first objective of this thesis is to provide an overview of the legal status of the unborn child under Maltese legislation in its civil, criminal, bioethical and other fields. This leads to an exploration of whether there are sufficient measures equal to the task of protecting the rights and interests of unborn children. Key elements such as the dignity of the unborn child and the protection due at all stages of prenatal development, run throughout the thesis. Through this study it is observed that Maltese laws afford an adequate legal status to the unborn child by way of various provisions that affirm the humanity of the child in the womb. However it can also be noted that in the past few years, legislation has become more focused on reproductive technologies, which to a certain extent overlook the rest of the fields, where the unborn child is still in need of legislative safeguards. The final section thus offers insights and recommendations towards a holistic approach, which caters for the needs and benefits of both mother and unborn child together. The unborn child under Maltese law is in need of a concrete care plan, built on clear ethical standards and which appeal to a country-wide collaboration that sustains life in the womb.