Why it’s Time to End Malta’s Century-Long Abortion Ban

By Claudia Schwarz 

2021 has seen a setback of reproductive rights globally. 

Texas passed a law banning abortions any later than six weeks into the pregnancy, and Ohio was even stricter.  Pro-choice advocates in Poland are in uproar after the government passed a near-total ban on abortions. 

There are still twenty-four countries that do not allow abortions under any circumstances, even when giving birth could be fatal. Among those twenty-four countries are the Philippines, Jamaica, Egypt, Iraq and Malta. 

One thing that sets Malta apart from other countries is that it is part of the European Union: a union that takes pride in its health care and equality. Malta is the only country in the EU with a complete legal ban on abortion. No doctor’s office or hospital will perform any gynaecological procedures without proof of a negative pregnancy test. Performing or having an abortion leads to a long prison sentence. 

Anti-abortion laws in Malta have been in place since the 1800s. Those found guilty of having an abortion faces up to three years in prison. The doctor who performed it would lose their license and spends up to four years in prison. Health care professionals are unsure what, if any, information they can legally provide about abortion. 

Maltese law makes no exception for rape, incest or foetal malformations. These are harsh terms, keeping people from speaking out about their abortions in fear of imprisonment. It makes abortions impossible to regulate or perform safely within formal healthcare, forcing hundreds to put their health and lives at risk every year.

Most Maltese (over 90%) still identify themselves as Catholic. Catholic values and beliefs are embedded in the constitution and influence every aspect of Maltese life: politics, healthcare and education. This inhibits progressive change. Divorce was only legalised in 2011, and emergency contraception has only been legally available since 2016. Additionally, sexual education in schools is limited to teaching abstinence. This creates a stigma from an early age and contributes to making abortion a taboo topic. 

There are no options for free contraception. The morning after pill, though legal, is hard to come by. Pharmacies often don’t stock them or refuse to hand them out due to ‘conscientious objections’. With no proper education and the withholding of contraception from the public, preventing pregnancy is extremely difficult. 

Without access to proper care, life-threatening pregnancies cannot and are not dealt with promptly and safely. Abortion in Malta has been forced so far underground that it’s impossible to collect data on it, with non-profit organisations like Doctors for Choice only being able to give extremely loose estimates.

During the height of the pandemic, charities like the Abortion Support Network recorded a surge in calls by Maltese people needing information or financial support. The Covid-19 pandemic has stranded those in need of an abortion. Lockdowns, quarantines and expensive Covid tests made it impossible to travel abroad for them. The only remaining possibility was to buy abortion pills online. 

There are numerous websites selling abortion pills, some reputable and some not. Without advice or support from health and social care professionals, many end up buying pills with no clear idea of the content and side effects. One abortion pill provider has reported a 89% increase in abortion pill kits sent to Malta in 2020. Additionally, taking the abortion pill is only effective up until the twelfth week of pregnancy. 

Issues such as foetal abnormalities are usually detected later than this, making a surgical abortion necessary. This meant that some had no choice but to travel abroad, despite the pandemic restrictions. They were helped by Maltese non-profit organisations such as Doctors for Choice, the Women’s Rights Foundation and Women for Women. 

These organisations set up The Family Planning Advisory Service (FPAS), a service that provides pregnancy support and medical information on safe abortion and contraception. Their goal is to offer reliable and unbiased information on reproductive options, taking responsibility that should belong to Malta’s public healthcare system. 

In May of 2021, Maltese MP Marlene Farrugia presented a bill to parliament which would decriminalise abortion. She stated that ‘safeguarding women’s rights does not come through the threat of putting them in prison’. The bill proposed to strike off the two articles of the Criminal Code, which sets harsh prison sentences for the pregnant people and the abortion provider. 

Political opposition blocked the bill’s progression and the Catholic church, in response to the bill, delivered a homily a few days later: ‘Let us pray for the womb to remain a place of life, not a place where killing takes place.’ 

NGOs like Doctors for Choice are continuing to fight for legal abortion. They made a recent statement emphasising the devastating impact of Malta’s current laws: ‘Malta is not a country where women do not have abortions. Rather, it is a country that exports its abortion problem to other countries.’

It’s time for any person who needs an abortion to have access to one, legally and safely.