Issue link: https://maltatoday.uberflip.com/i/1389773
IF accessing abortion in countries where it's criminalised wasn't hard enough before the pandem- ic, lockdowns and COVID-19 travel restrictions have made the process that much more difficult. In fact, the issue became so pro- nounced at the start of the pan- demic that the European parlia- ment and the Council of Europe's Commissioner for Human Rights called on member states to guar- antee safe and timely access to abortion. The European parliament has also just passed a non-binding resolution calling for countries to ensure the right to legal and safe abortion. This resolution has been viewed as a challenge to the restrictive abortion laws of Po- land and Malta in particular. Though Poland's introduction of a near-total ban on abortion in 2021 was a huge blow for repro- ductive rights, Malta's laws are among the strictest in the world. Indeed, Malta is the only EU country with a total ban on abor- tion, with abortion laws dating back to the 1800s. Given Malta's long history with such oppressive laws, our research with health and social care professionals in Malta and international abortion care providers shows the effect that criminalisation has on even legal abortion care. Abortion laws in Malta In May, an independent politi- cian, Marlene Farrugia, proposed a bill to decriminalise abortion in Malta. While political opposition blocked the bill's progression, our research shows why decrimi- nalisation is vital. The law criminalises both the pregnant person and the abor- tion provider with the potential for up to four years in prison and has been criticised by a range of human rights bodies for its total restriction on bodily autonomy. Wider provision of sexual and re- productive health services is also severely lacking in Malta. Emer- gency contraception was only introduced in 2016 (pharmacists can still "conscientiously object" to providing it), and there are no state run family planning clinics. Criminalising abortion of course doesn't stop it happening. But what it does do is place it out- side formal healthcare settings either through abortion travel or procuring abortion pills online illegally. Abortion provision during the pandemic Since the beginning of the pan- demic, travel restrictions have made abortion-seeking journeys more difficult. While the provi- sion of telemedicine (the distribu- tion of health services and infor- mation via technology) in many countries has allowed women to access abortion at home, in coun- tries where abortion is illegal, the risk of prosecution remains. The Abortion Support Network (a UK charity providing practi- cal information and funding for abortion seekers) told us it had received calls from 121 people in Malta between March 2020 and February 2021, up from 90 people who contacted the organ- isation from Malta the previous year. Organisations like Women on Web and Women Help Wom- en, which provide the abortion pills to those in countries where abortion is illegal or inaccessible, also recorded increased inquiries from Malta since the beginning of the pandemic. FPAS Malta – a volunteer-run family planning advisory service that launched in 2020 – was contacted by 203 peo- ple in the first six months, with most queries relating to abortion. The effects of COVID-19 con- tinue to be felt by people seeking abortion. The costs of testing, flight prices and quarantines were all noted as continued travel barriers. Disruptions to interna- tional postage were also obstacles to accessing abortion pills. Fears of prosecution Our interviews with health and social care professionals in Malta revealed that many are unclear as to what information they can legally provide about abortion. They're also fearful of prosecu- tion. While abortion is illegal, pro- viding pre and post-abortion care through counselling, information or follow-up sessions isn't. These worries about potential legal re- percussions have the potential to jeopardise access to accurate information and care, potentially endangering people's health and lives. In fact, the stigma associ- ated with abortion means that many women make journeys or procure pills alone without health advice or support. Some participants working in health and social care also be- lieved they had a duty to report to child protection services if some- one intended to have or already had an abortion, even if conduct- ed where it's legal to do so, such as abroad. A new piece of legis- lation in Malta, The Minor Pro- tection (Alternative Care) Act, is partly responsible. Introduced in 2020, it was intended to protect children against harm, but was interpreted to include foetuses within the definition of "child", despite no mention of the foetus in the legislation itself. A number of social care partic- ipants in our research indicated that this "duty to report" was im- posed on them by superiors, pre- senting an additional chill factor in the provision of care. Pressure on practitioners to report those believed to want or who have had abortions also presents an increased risk of prosecution for both professionals and women seeking abortion. Unfortunately, this meant that participants felt that they had to balance caring for their patients and clients with protecting themselves from the risk of potential repercussions. There is a strong anti-abortion sentiment in Malta, both in poli- tics and society. In 2020, Malta's Ministry for Social Justice and Solidarity, the Family and Chil- dren's Rights donated €130,000 to a shelter for pregnant women administered by the anti-abor- tion organisation Life Network. A number of participants in our study also mentioned that the Life Network has operated as a rogue crisis pregnancy centre in Malta, impersonating abortion services and misleading women. It has po- litical ties too. The Life Network takes part in Agenda Europe sum- mits, a network of conservative and religious campaigners from the US and Europe that aim to reverse sexual and reproductive health rights in Europe. The criminalisation of abortion affects all aspects of abortion care and fear of prosecution silences abortion seekers from seeking support from health and social care professionals. The pandem- ic has highlighted the limitations of accessing abortions in legally restrictive countries and under- scored the urgent need for abor- tion to be decriminalised. If we're to ensure that people can access and provide reproductive health services without fear of judge- ment, stigma, legal prosecution, or any other negative repercus- sions, the global decriminalisa- tion of abortion is vital. TheConversation.eu Claire Pierson is a lecturer in Politics, Liza Caruana-Finkel is a PhD Student, University of Liverpool Claire Pierson & Liza Caruana-Finkel 13 maltatoday | SUNDAY • 4 JULY 2021 OPINION Why it is vital to decriminalise abortion: the case of Malta