Malta is being called upon by the Council of Europe commissioner for human rights to decriminalise abortion. The call reiterates one made by her predecessor who in 2018 called for new legislation to provide abortion care to women who request it. Commissioner Dunja Mijatovic strongly urged the authorities to repeal provisions criminalising abortion in a report published on Tuesday.
This follows a trip she made to Malta last October, going on to urge the development of comprehensive regulation of women’ access to legal and safe abortion as well as to improve the availability of sexual and reproductive health services. She noted that despite there being a list of pharmacies stocking emergency contraception, women in Malta are often left without access to the necessary medication.
Reports all show that numerous pharmacies refuse to dispense such contraceptives on grounds of conscience. There are no measures in place to enforce the obligation of pharmacists referring patients to other professionals. This follows former commissioner Nils Muiznieks saying in 2018 that Malta should ensure its ban on abortion does not deprive women of a range of fundamental human rights.
In may 2021, independent MP Marlene Farrugia tabled draft legislation to decriminalise abortion. However, the bill was not discussed in parliament. The commissioner expressed disappointment at learning that despite this bill, authorities did not have a timeline for decriminalising abortion.
“The authorities did not consider it likely that such a bill could be adopted in the near future, although they admitted that the prohibition of abortion did not stop women, including girls, from seeking abortions.
“The commissioner was disturbed, furthermore, by the authorities’ apparent lack of concern about the serious risks incurred by women who seek or undergo abortions in unauthorised circumstances, which are aggravated by the lack of access to post-abortion care in Malta, both in the public and private health sectors.”The government, in reaction to the observations, said it was working to improve reproductive health services. Malta did not however agree with the interpretation that the right to sexual and reproductive health services includes an intrinsic right to abortion.
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