A pro-life foundation has described a statement by the Commissioner of Children about the protection of children before birth as “manifestly incorrect”.

Pauline Miceli has argued that the United Nations Convention on the Rights of the Child does not outline when life is considered as having started. 

The Pro-Life Foundation said it had “profound concern” about her comments.

“Contrary to the Commissioner’s pronouncement, it ought to be pointed out that Article 9(h) of the Commissioner for Children Act states most clearly that one of the functions of the Commissioner is ‘to promote the highest standards of health and social services for women during pregnancy and to promote special care and protection, including adequate legal protection, for children both before and after birth’,” it said.

The foundation said this made it clear that Maltese law directly contradicts the Commissioner – and that the Commissioner was “either unaware of the law or has chosen to overlook it”.

“Article 9(h) of the Act accurately reflects the content of the Preamble to the Convention, which clearly recognises the child prior to birth as a child and a recipient of rights, including, very specifically, the right to life,” it added.

Ms Miceli told Times of Malta earlier this month that she was choosing to stay out of the controversy over the protection of the unborn.

The Convention does not outline when life is considered as having started, she said, and despite 30 years of discussion on the issue, the matter had not yet been resolved.

“There are those who believe the child starts enjoying rights at conception, others say at some point throughout the pregnancy and others when the baby is born. The Office believes it should not be part of this controversy and follow the Convention.”

The Commissioner has also said that unborn children should be better protected by introducing better antenatal health and social services and stronger family units rather than through changes to the law.

The statement came a day after PN MP Claudio Grech argued in parliament that a child protection bill which legislators are discussing should be amended to ensure that “foetus” [tarbija fil-guf] was included in the definition of “minor”.

This, Dr Grech argued, would send a “strong signal” that the unborn deserved equal protection as human beings.