Majority in Malta does not support prison sentence for women who terminate pregnancy

A majority of respondents to a Polar-Mediatoday survey on abortion have confirmed they disagree with the Criminal Code’s provisions that imprison a woman up to three years for procuring an abortion.

A relative majority of 46.8% of respondents said they do not agree that women who terminate a pregnancy, should be imprisoned.

The survey was carried out between Monday 26 April and Friday 30 April among a targeted sample of 651 respondents nationwide, well before independent MP Marlene Farrugia’s motion for the decriminalisation of abortion on Wednesday.

The amendment Bill calls for the removal of the Criminal Code’s provisions that imprison both women and medical professionals for the termination of a pregnancy.

Respondents were asked whether they agreed with the fact that women could be sentenced up to three years in jail for procuring a miscarriage or having an abortion; and whether they agreed with the fact that professionals who assist in abortive services could be imprisoned for up to four years.

According to the Polar survey, while 46.8% of respondents said they do not agree with the conviction of women who terminate a pregnancy, 14.7% said they did not know. 38.7% said they agreed with a prison conviction for women who terminate a pregnancy.

The opinion however seemed radically changed for doctors’ liability in terminating a pregnancy: here 55% were in favour of criminal sanctions for doctors, who also face lengthy prison sentences for providing abortive services to women.

Women’s liability

The opinion against criminal sanctions for women was split equally across genders: 46.3% of women said they disagreed with women’s liability for terminating a pregnancy, and likewise 43.9% of men; 35.3% of women and 36.1% of men said they agreed with the prison sentence.

A relative majority against women’s liability was also found among voters for both Labour and the Nationalist parties: 46.3% of PL voters and 44.4% of PN voters, and then 57% of those who did not vote in 2017, said they disagreed with the conviction of women as laid out in the Criminal Code.

Amongst age groups, the demographic aged 18-35 were mostly against the mandatory prison sentence, with 65.7% against and 26.1% in favour.

This position against women’s imprisonment changed according to the age groups, decreasing the older the respondents got: the 36-50 group was 45.5% against women’s imprisonment, followed by 36.4% against amongst the 51-65 group - in both cases, those in favour of the prison sentence were still less than those against (38.8% and 34.8% in favour). Only among the 65+ age group were there more (44.3%) in favour of a prison sentence than against (30.5%).

Educationally, tertiary-educated people were outrightly against women’s imprisonment for terminating a pregnancy (65%), while post-secondary educated respondents registered a 48.2% relative majority against women’s imprisonment. Primary-educated respondents were mainly in favour of the criminal sanctions (43.2% in favour).

Regionally, a majority against women’s imprisonment was registered everywhere except in the southern harbour region (36.2% against compared to 40.1% in favour). The northern and northern harbour regions registered both a 49% against liability for a woman; the south eastern and western regions registered over 46% against, and even Gozo registered 40% against liability.

Doctors’ liability

On doctors’ liability for terminating a pregnancy, 30.2% said they disagreed with criminal sanctions, compared to 55% in favour and 14.7% who said they did not know.

A majority of 18-35 year-olds were against criminal sanctions for doctors; and women (33%) were more inclined than men (29%) to disagree with convictions for medical professionals.

But high majorities in favour of professional liability were registered among all age groups, from 55% for those aged 65+ to 65.% for those aged 51-65.

Again, the tertiary educated respondents were the least likely to support criminal sanctions for doctors: 48.1% said they disagreed, while 38.4% said they agreed. This opinion changed radically in other education demographics, where primary and secondary educated respondents were over 59% in favour   of such penalties.

Across regions, only the northern region registered a split opinion, with those favour of criminal sanctions at 42.6% compared to 42% against; Gozo registered the highest percentage (60.2%) in favour of criminal sanctions, followed by the south-eastern region (58.2%).

And both Labour and PN voters, at 58% and 55% respectively, followed the trend in supporting professional liability for doctors who perform abortions. Only among those who did not vote in 2017, was there a 45% relative majority against professional liability.