Issue link: https://maltatoday.uberflip.com/i/1372546
4 maltatoday | SUNDAY • 16 MAY 2021 NEWS ADPD endorse decriminalisation and limited abortion MATTHEW VELLA MALTA'S Green Party has offi- cially approved a resolution to sup- port an abortion decriminalisation Bill presented by independent MP Marlene Farrugia, as well as adopt- ing a new policy for the party. ADPD's executive committee's resolution supports the decriminal- isation of abortion, limited to the liability of women which currently risk up to three years' imprison- ment for terminating a pregnancy. While the resolution says that abortion should not be normalised, it should however be limited to specific and extraordinary circum- stances. The three circumstances identi- fied are: when the life of the preg- nant woman is in danger, when a pregnancy is the result of violence (rape and incest) and when faced with a pregnancy which is not via- ble. "The Maltese legislation on abor- tion is not fit for purpose. It needs to be brought up to date after more than 160 years. It requires to be brought in line with medical and scientific progress over the years," said ADPD chairperson Carmel Cacopardo, who presented the res- olution. "It is the result of an internal party debate ongoing for the past three years," Cacopardo told MaltaTo- day. Originally, the party's former chairperson, Arnold Cassola, re- signed from Alternattiva Demokra- tika after its European Parliament Mina Tolu, called for an open and safe debate on abortion rights for women. Cassola has since run as an independent candidate "There is an urgent need for more emphasis on reproductive and sex- ual health education at all levels of our educational structures. We need to reinforce responsible be- haviour in particular from males," Cacopardo said. "The party is avail- able and willing to participate in di- alogue with civil society possibly to identify a consensual approach to the required reforms." Arnold Cassola yesterday reit- erated his stand against abortion. "Abortion involves the mother and the foetus. One either believes the foetus is a human life or else an ob- ject. There is no middle way. I can understand those who believe that a foetus is an object and that there- fore abortion is no problem for them. But I believe that the foetus is a human life." Cassola said the Criminal Code should be amended so that the three-year sentence stipulated for the woman is replaced by "work in the community", whilst the max- imum sentence of four years jail stipulated for the doctor is to be replaced by "withdrawal of the pro- fessional warrant." The Labour Party has not taken a stance in favour nor against the de- criminalisation of abortion, but has said that the discussion on the top- ic should be built on honesty and respect. Labour said it is calling for an open and mature discussion on abortion, but did not make its posi- tion clear on the issue. "The discussion on a sensitive topic such as abortion is conduct- ed by society in a mature and free manner, and is not stifled by such a motion," the party said in its state- ment. "[We need] a discussion that is not monopolized by political parties in Parliament, and is built on honesty and respect for differ- ent views, without sensationalism or condemnation and against stig- ma." The Nationalist Party came out in strong opposition against the decriminalisation of abortion, say- ing "it can never be in favour of decriminalising abortion" and that it would support measures that do not endanger the life of a child be- fore or after birth. Malta is one of a few countries in the world and the only EU State to completely ban the termination of pregnancy. Farrugia's Bill calls for the de- criminalisation of abortion and to ensure no person or medical pro- fessional is criminalised "for the choice pertaining to their medi- cal health and/or the provision of medical assistance. Such criminal- isation is discriminatory." The amendment Bill calls for the striking off of Article 241(1) of the Criminal Code, which outlaws the 'procuring of a miscarriage', which carries a prison conviction of up to three years for women. The Bill also demands the strik- ing off of Article 242, which holds anyone assisting the abortion to the punishment for wilful homi- cide or wilful bodily harm, dimin- ished by one to two degrees; Arti- cle 242 which holds any medical professional who administers "the means whereby the miscarriage is procured" liable to imprisonment of four years; Article 243(a), which holds anyone who causes an abor- tion by "unskilfulness in his art of profession" liable to a fine of up to €2,329. The Bill asks that articles 242 and 243(a) are substituted with a 10-year imprisonment for whoever carries out a forced, non-consensu- al abortion for non-medical reasons "by means of violence, force, deceit, bribery, threats or coercion". ANALYSIS 10-11 Marlene kicks the ball into the conservatives' court MATTHEW AGIUS MALTA'S pro life lobby Life Network Foundation has called MP Marlene Farrugia's bid to decrimi- nalise penalties for women and medical professionals who terminate pregan- cies, as "a blatant attempt to introduce abortion into Malta, allowing every preg- nancy to be terminated by a mother or medical pro- fessional, and the baby in the womb destroyed." Life Network said it strongly objected to the bill proposing the decriminali- zation of abortion, arguing that decriminalisation of an act "is a declaration that the act is permissible, and worse still, acceptable." It would also lead to abor- tion being unregulated and open to abuse, the lobby, led by dentist Miriam Sci- berras, said. "Every baby in the womb will be in danger of being destroyed, at any moment, by its parents or even just by its mother. It is significant that anyone who speaks in favour of abortion was born because his mother did not destroy him." The LNF argued that the fundamental right to life was enshrined in the Mal- tese Constitution and can never depend on the will of the mother. "Maltese law also recognizes the un- born child as a recipient of certain civil rights," LFN said, saying the Bill caused inconsistency between criminal and civil law, and The bill also goes against the Embryo Protection Act which protects human life from conception, at its ear- ly stage. The Life Network Foun- dation asserted that "no political party, much less an individual MP has an electoral mandate to in- troduce abortion in Malta today." It appealed to the leaders of the country to continue to protect human life and fight all threats to it, calling on deputies in the House of Representatives to re- main loyal to their princi- ples, their mandate "and to choose life and not death." "So far two statements have emerged from polit- ical parties. The PN state- ment is clear and against the decriminalization of abortion. The PL, while re- iterating that it is pro-life and anti-abortion, has not made a statement against its decriminalization. We hope that in the coming days such statements will become clearer in the in- terest of the protection of babies in the womb." Carmel Cacopardo: Malta's abortion law is not fit for purpose Pro-lifers: Farrugia Bill 'blatant attempt to introduce abortion' Miriam Sciberras, chairperson of the Life Network Foundation, called on MPs to be 'loyal to their principles' in opposing any Bill on abortion Decriminalisation of abortion "a declaration that the act is permissible, and worse still, acceptable"