Pro-choice lawyers concerned over lack of consultation on changes to abortion Bill

Lawyers for Choice want any changes to Bill 28 to be in keeping with international human rights standards

Bill 28 seeks to decriminalise abortion if a woman's life or health is in danger but government is contemplating changes to clarify certain aspects of the proposed law in the wake of a conservative backlash (Photo by Anthony Tran - Unsplash)
Bill 28 seeks to decriminalise abortion if a woman's life or health is in danger but government is contemplating changes to clarify certain aspects of the proposed law in the wake of a conservative backlash (Photo by Anthony Tran - Unsplash)

A community of pro-choice lawyers has raised concern over the lack of consultation on amendments the government is considering to its own abortion decriminalisation Bill.

Lawyers for Choice said not much is known about the amendments government is contemplating to Bill 28 in the wake of a conservative backlash.

Bill 28 seeks to decriminalise abortion if a woman’s life or health is in danger, however government has said it will amend the Bill further to allay any fears it will lead to abortions on demand.

Government has not yet outlined in black and white the changes it is contemplating. The Prime Minister has hinted that these changes will include the introduction of a board that will decide on terminations, rather than allow a singular doctor to make the call, and clarifying that a foetus that is viable outside the womb should be birthed.

“No reform can achieve its goals if it is not drafted in full consultation with all members of civil society, irrespective of belief,” Lawyers for Choice said on Wednesday as they reiterated the need for the final Bill to be in keeping with international human rights standards.

“Much has been said, though not much is known, about the new amendments to Bill 28. It is staggering that there has been absolutely no consultation with civil society, and this does not augur well for the end result,” the lawyers said.

They lamented that the lack of transparency exacerbates the proliferation of “harmful misinformation campaigns by certain groups”.

Lawyers for Choice called on government to open the process to those who have been involved in the debate for many years, and work hand in hand with human rights experts, and those who will be directly impacted by this amendment. 

“An open process can only strengthen the final Bill,” Lawyers for Choice insisted. “We stand ready to assist and participate constructively to ensure the best possible outcome for pregnant persons in Malta.”

Lawyers for Choice describe themselves as an online community dedicated to the advancement of reproductive justice and the promotion of comprehensive sexual health education in Malta. It forms part of the Voice for Choice Coalition.

The lawyers’ community brings together legal professionals who are deeply invested in the principle that access to safe and legal abortion, as well as comprehensive sexual education, are fundamental human rights.

The founding members of Lawyers for Choice are former Nationalist Party candidate Emma Portelli Bonnici, Jenny Orlando-Salling, and former Labour Party deputy mayor Desiree Attard.

The organisation believes that while the matter of reproductive rights and access to safe and legal abortion is political in nature, it must transcend partisanship.