Life-saving abortion : does a woman have a right to save her life?

Abstract

Malta is the only country in the European Union where abortion is prohibited entirely. This topic has provoked considerable debates. The main aim of this term paper is to discover whether a woman has a right to save her life when her life is in peril during pregnancy. Debates on abortion seem to be more directed on saving the life of the unborn child, a defenseless human being, being destroyed at the expense of the woman’s choice to save her life. Consequently, by recognizing the right to life before birth, women’s rights are overridden. The research expounds on Malta’s position on abortion and the rights conferred upon the unborn child and the mother. Malta’s legislation has been compared and analyzed in relation to Ireland’s legislation on abortion. Ireland’s recent amendments to the laws on abortion and the events which resulted to these amendments, were taken in consideration, since it’s stance on abortion before such amendments was similar to Malta’s total prohibition on abortion. The research puts forward case law from the European Court of Human Rights and Commission decisions on the ongoing conflict between maternal rights and foetal rights. Courts recognize the right to life of the unborn child, whilst in other cases, the right to life is attributed to the mother, however, at the same time she is denied abortion to save her life. Therefore, the courts have not reached a consensus on this matter. From gathered research, many times both the mother and the child end up losing their lives. Although, the prospect for changes to Malta’s legal regime on abortion is quite precarious, due to Malta’s firm position on abortion, espoused by the organs of the State, recommendations for an amendment to the criminal laws on abortion, when the woman’s life is in danger during pregnancy, were proposed.