The US couple whose pregnancy ordeal prompted a Bill to amend Malta’s strict abortion ban, still intends to forge ahead with its human rights case against the government.
“It sounds like the government is acknowledging that the existing laws harm mothers and punish healthcare workers who would otherwise help them. That’s a necessary first step,” Jay Weeldreyer said.
He is the partner of Andrea Prudente, whose request to terminate a non-viable pregnancy was refused by the health authorities in June, sparking international media attention.
Weeldreyer said the new law, which was on Monday published as a bill, did not change anything in their case and they did not intend to drop their suit.
“The lawsuit will continue, as the law, unfortunately, does nothing to fix the real harms caused to Andrea and me,” he said.
The lawsuit will continue, as the law, unfortunately, does nothing to fix the real harms caused to Andrea and me
At 16 weeks pregnant, Prudente suffered symptoms of a miscarriage while on holiday in Malta. In line with current law, Maltese doctors denied her an abortion.
Fearing for her health, Prudente was then airlifted to Spain for a termination after her travel insurance company deemed her case “life-threatening”.
Since then, 135 doctors have signed a judicial protest asking for the removal of Malta’s blanket ban on abortion.
In September, Prudente initiated a legal battle to change the law.
In Malta, the termination of unviable pregnancies where a heartbeat is still detected, is delayed until the woman’s life is deemed to be at risk because abortion is illegal under all circumstances.
Doctors only intervene to save the woman under the principle of ‘double effect’.
The Criminal Code lays down that any doctor or specialist who gives means to cause abortion is liable to imprisonment for between 18 months and four years and/or interdiction from practising medicine. There are no exceptions.
The same applies to women who cause an abortion by taking medication. Again, no exception is allowed.
Prudente argues that the law as it stands breaches the protection of the right of life, the right to respect for family life and protection from inhuman treatment.
Amendments announced last week
The Maltese government has acknowledged the legal shortcoming and last week announced amendments intended to free doctors and pregnant women from the threat of criminal prosecution if a pregnancy is terminated for health-related reasons.
The bill allows abortion when a pregnant woman’s life is at risk or her health is in “grave jeopardy”.
Health Minister Chris Fearne on Monday tabled the motion for a first reading in parliament, seconded by fellow government MP Michael Farrugia who, like Fearne, is a doctor by profession.
Prime Minister Robert Abela has said the legal amendment would make sure that a case like Prudente’s is never repeated. It is understood that the Malta College of Obstetricians and Gynaecologists has not been consulted on the amendment.
The health minister has said that there would still need to be the consent of the pregnant woman for any procedure to be carried out.
What does the amendment allow?
The amendment says that no offence shall be committed “when the termination of a pregnancy results from a medical intervention aimed at protecting the health of a pregnant woman suffering from a medical complication which may put her life at risk or health in grave jeopardy”.
Abortion will remain illegal in most circumstances, including rape and incest and in cases of severe foetal malformation.
The amendment will now proceed to a second reading for discussion in parliament.
The bill may be referred to parliament’s health committee for a more in-depth discussion on potential amendments.
Finally, they will be moved for a third reading and a vote.
The opposition has not yet expressed an opinion on the amendments, though given the nine-seat majority that the government enjoys in parliament, any eventual vote will effectively be a formality.