Human rights activist calls out discriminatory approach on contraceptives

The human rights activist who kick-started a court battle to licence the morning-after pill – unavailable and unlicensed in Maltese pharmacies – has said the Women’s Rights Foundation will keep up its campaign in the face of pro-life lobbies who are claiming that the emergency contraceptive is abortive.

Lawyer Lara Dimitrijevic, the director of the Women’s Rights Foundation claims by pro-life groups that the ‘right to life’ started when an ovary is fertilized was a moral standpoint and that had no bearing on legal definitions.

“The intra-uterine device is available in Malta, the oral contraceptive is available in Malta, progestogen-only oral contraceptives are available in Malta, intra-muscular progestogens and sub-dermal progestogens can be brought from abroad and administered by a local gynaecologist, and condoms, pessaries and diaphragms are available in Malta,” Dimitrijevic said.

“I will not go into whether there is similarity between some methods of contraception or otherwise, however based on recent scientific research and consensus of major international organisations, given that Map does not affect a pregnancy and cause a miscarriage, why has this contraception remained unlicensed and not been made available and accessible to women in Malta?”

The WRF filed a judicial protest signed by 102 women saying that Malta’s ratification of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) means it has bound itself to ensure that women’s rights to choose over their reproductive health is not breached and women are not discriminated against.

“Unfortunately to date, violations of women’s sexual and reproductive health still takes place and is blatantly taking place in our country, by denying access to emergency contraception,” Dimitrijevic said.

“Yet, we now have completely sidetracked into an ethical debate as to whether Emergency Contraception is interfering in the growth of a foetus and when does life begin, completely disregarding the breach of women’s rights.”

Although not illegal, Malta’s unavailability of the morning-after pill stems from an administrative decision of non-licensing of emergency contraception.

According to the government sexual health care website, edited twice since the judicial protest), emergency contraception is not available in Malta because of religious and ethical reasons.

“This is exactly the reason why we needed to tackle the issue from legal perspective,” Dimitrijevic said.

“Whether it is morally or religiously right or wrong and whether it is socially desirable or undesirable is not the issue at stake. What is at stake is that state’s inaction on licensing best possible contraceptive methods is in the blatant breach of women’s rights to best possible health care.”

The WRF says recent research issued by the International Federation of Gynecologists and Obstetrics and Princeton University both published earlier this year, shows that there is no evidence that the morning after pill affects a pregnancy. This was also confirmed by Prof. Mark Brincat and Prof. Serracino Inglott in comments to the media.

“I am certain that all women on this island are responsible in their choices and should be supported. Patriarchal concepts of women’s role in society and the role she has to play are stifling women in Malta and preventing them from making informed choices on their lives,” Dimitrijevic said.

“Rights are there to ensure control of one’s life and freedom to enjoy their life. By bringing in moral and ethical arguments as to whether rights ought to be limited, diminished or even removed is nothing but an attempt to control a person’s life. A woman’s life.”