Issue link: https://maltatoday.uberflip.com/i/1034189
NEWS 10 maltatoday | SUNDAY • 30 SEPTEMBER 2018 LAURA CALLEJA HUMAN rights activists have expressed concern at comments by social welfare boss Alfred Grixti over care orders being placed on pregnant women to protect their unborn children. Grixti, the CEO of the Founda- tion for Social Welfare Services, has told MaltaToday that child protection services have devel- oped "a custom and practice" to protect unborn children from neglect by their mother if this neglect is deemed to be harm- ful to their health and proper development. But it is unclear as to what powers can be used on pregnant women, and if this also restricts their movement in a bid to pre- vent them from procuring an abortion from a clinic overseas. While Malta criminalises abortion, the use of judicial measures to prevent pregnant women from leaving the island has been a controversial matter. Malta's Care Orders Act em- powers the authorities to issue a care order and take guardian- ship of children if "lack of care, protection or guidance is likely to cause the child or young person unnecessary suffering or seriously affect his health or proper development." But the definition of the child in this law does not expressly in- clude an unborn child. In a diatribe over last week's march against femicide be- ing promoted by the Women's Rights Foundation, Grixti took exception at the WRF's support for abortion, and said the FSWS used care orders to protect un- born children from neglect by expectant mothers. The FSWS chief executive this week told MaltaToday that child protection services inves- tigate all cases of alleged abuse, including those of unborn chil- dren who might be at risk due to the lifestyle and choices that the mother might be making at that period in her life. "In practice, what happens is that if an expectant mother continues to refuse to co-op- erate and continues to put her unborn child at risk due to per- sistent use of drugs or alcohol, the investigation – which would lead to a care order – is carried out during pregnancy by our Child Protection Services and such care orders are then served and enforced immediately upon the birth of the child." However, another law – the Child Protection (Alternative Care) Act – lays down a legal obligation for people to report pregnant women who cause suffering to their unborn child, and for the director of child wel- fare "to make arrangements... [as] necessary to support the woman and child… to keep the woman and the child together after the birth of the child, un- less this is manifestly contrary to the safety and well-being of the child." But again, it is unclear whether this could include measures to restrict women's actions and movements while pregnant. In 2010, then lawyer Toni Abela – today judge – was granted a con- troversial warrant to stop a preg- nant woman from going abroad for an alleged abortion, on behalf of the unborn child's father. Grixti told MaltaToday that in 2018 alone Child Protection Services had 112 cases along these lines, with 108 resulting in the child remaining with their mother. However, in the re- maining four cases, the mother was not deemed fit to look af- ter her child, and the child was taken into care after birth. These cases are usually flagged by medical professionals at Mater Dei Hospital, who refer mothers to the FSWS's Benn- iena unit. "The reality is that, thanks to this service, the majority of ex- pectant mothers move in the right direction. However, there will be instances where this does not happen and, following a thorough investigation during pregnancy by our Child Protec- tion Services, a decision for is- suing a care order and serving it immediately upon birth is made and agreed to by all the profes- sionals involved. There were four such cases this year." Surprise over 'pregnant' care orders Human rights lawyer Neil Falzon, the director of Aditus Foundation, however, said he was surprised and concerned to hear that care orders were being Care orders for unborn raise human rights Can Maltese pregnant women's movements be restricted by State care orders on their unborn children? Alfred Grixti