International human rights NGO Amnesty International has criticised Malta’s efforts at partially decriminalising abortion, saying the “watered down” Bill 28 will “endanger lives”. 

On Wednesday, Parliament unanimously approved a bill that will amend the Criminal Code in a way that will allow doctors to terminate a pregnancy in very limited circumstances, marking the first time Malta’s strict ban on abortion has ever been revised. 

These amendments will now allow doctors to terminate a pregnancy if a woman’s life is at immediate risk or if her health is in “grave jeopardy which may lead to her death”.

This will only be allowed once all other treatments have been exhausted and, barring emergencies, the decision must first be made by a panel of three specialist doctors. 

The procedure may only be carried out in licensed clinics but if the foetus is assessed to be able to live outside of the womb, then it must be birthed. 

In a statement, Amnesty International Europe researcher Elisa De Pieri said it was “deeply disappointing” that the government had chosen to backtrack from decriminalising abortion on health grounds, as cases where a pregnancy that may pose a great risk but is not life-threatening have been excluded from it. 

“This reckless bill is a U-turn that fails to protect pregnant people’s health and lives,” she said. 

“Requiring the approval of three specialists before access to an abortion is granted could result in fatal delays and could also discourage doctors from putting forward the case which could also have fatal consequences.”

The statement added that keeping abortion illegal in all other circumstances “flies in the face” of Malta’s international human rights obligations and claimed that it violates human rights. 

“While the government has finally recognised that access to abortion services is necessary to save lives, this new law will create dangerous further barriers and delays for pregnant women and people in urgent need of – and with a right to – medical treatment. This missed opportunity for increasing access to abortion will put lives and health at risk,” De Pieri continued. 

“We join with the activists and health organisations in calling for access to safe and legal abortion to be guaranteed for all.”

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