Another step in the right direction | Ramona Attard

The Criminal Code amendments passed this week are yet another step in the right direction as part of the government’s holistic drive to deliver reform and change. Up until this legislative amendment, the law was punishing women and medical professionals. 

Article 243 of the Criminal Code states that any medical professional “who shall have knowingly prescribed or administered the means whereby miscarriage is procured, shall, on conviction, be liable to imprisonment for a term from eighteen months to four years, and to perpetual interdiction from the exercise of his profession.”  

Under the same law, the prospective mother was liable to imprisonment for a term of 18 months to three years.  

Neither the prospective mother nor the medical professional could claim that the miscarriage was procured because of the necessity to safeguard the woman’s life or health. 

Following the Andrea Prudente case, the lack of defence under Maltese law in these circumstances was confirmed in a legal opinion prepared by the State Advocate, highlighting that Maltese law does not provide any peace of mind, not even in matters of life and death. 

And this was a crucial and pivotal moment that kick-started the process to deliver a much-needed change.  

With these amendments, the Labour government was able to change the status quo while catering for two potential circumstances. 

The first is when there is an immediate risk to a woman’s life. The amended law states that if a pregnant woman suffers from a medical complication that can put her life at immediate risk, the medical intervention is carried out immediately.  

The second scenario is when a woman’s health is at serious risk, which may eventually lead to death. With this change, health professionals will not have to wait until the woman is at risk of losing her life, to act. Medical professionals should intervene to prevent the woman’s condition from worsening, which could lead to serious risks and complications.  

I am aware that some may not have understood this change for what it actually is, however, government ministers were abundantly clear when addressing any doubts on the interpretation of these clauses at parliamentary committee stage. They made it amply clear that women should not be on the brink of death for the necessary healthcare to be received.  

During court proceedings, explanations delivered during the parliamentary committee are used as a point of reference when interpreting the law. 

The government resisted proposals that would have made the amendment futile such as introducing a magistrate in the whole process. During a moment of trauma, it is essential that only the professionals and the woman are involved in the decisions. 

Unfortunately, the debate surrounding this amendment has shown for yet another time that the Opposition is insensitive and immature.  

The Opposition fuelled a debate based on lies and spin, with the Opposition leader having the audacity to mock a woman who was facing severe difficulties during her pregnancy.  

The Opposition first declared there was no need for these amendments and then said that there should absolutely be no reference to the woman’s health. 

The government not only disagreed with what the Opposition was saying but also did not differentiate between physical and mental health. Government fiercely opposed whoever said mental health will be used as a pretext to introduce abortion through the window. 

I am aware that for some sections of society, this Bill should still have not been introduced, and the status quo should have prevailed. 

Many others appreciate how the government persuaded and took the right approach. 

For those who campaign in favour of the introduction of abortion, this amendment was seen as not enough as they repeatedly insist that more changes in sexual and reproductive health rights are needed.  

Although the government was clear from the start that this was not an abortion Bill, I do, on the other hand, recognise the work pro-choice lobby groups carry out against all odds.  

The Labour Party never said and will never say that there is no place for pro-choice candidates or activists within its fold. 

As a political party with different perspectives within us, we are always following the ongoing debate on the subject and taking note of people’s concerns and views. We believe the right approach is to engage as the discussion unfolds. No issue should be swept under the carpet, particularly this one, and as a party, we will continue enabling a healthy discussion.