Issue link: https://maltatoday.uberflip.com/i/1519042
10 maltatoday | SUNDAY • 14 APRIL 2024 ANALYSIS After the abortion vote: Liberal momentum The European Parliament has voted in favour of including access to abortion in the EU's Charter of Fundamental Rights. JAMES DEBONO tries to understand the implications for Malta. A resolution supported by cen- trist and left-wing MEPs has called for the inclusion of access to abortion in the EU's Charter of Fundamental Rights. But despite being approved by 336 votes to 163 against, the resolu- tion is non-binding. A fully-fledged right to abor- tion access would require the backing of all 27 member states to be included in the EU's char- ter, which means that any such attempt can be derailed by Mal- ta. So, on this aspect, the reso- lution changes nothing. But the resolution was clearly meant to put pressure on Malta and Po- land to change their draconi- an laws curtailing what the EU mainstream considers a human right. This inevitably will have ripple effects on the political scene. 1. It makes Malta more isolated, even more now that Poland is moving in the opposite direction. Since the moment Malta joined the EU, it became inevi- table that its conservative laws, which now also impact the lives of thousands of citizens hailing from other member states who live here, fall under the scruti- ny of European institutions and civil society. Moreover, Maltese politicians like Roberta Metsola have learned that a hard stance against abortion is a stumbling block for their personal polit- ical ambitions in continental politics. This is because an an- ti-abortion stance defies popu- lar common sense in most EU member states where abortion is not even an issue but is re- garded as a health service like any other. Malta's isolation is likely to increase due to de- velopments in Poland where Donald Tusk's Civic Platform party, which forms part of the European People's Party, is proposing a law to allow for abortions up to the 12th week of pregnancy. Not coinciden- tally, the resolution was timed with the commencement of the debate in Poland, the only other country apart from Mal- ta which bans abortion in most cases. It also comes in the wake of a decision by the French par- liament to enshrine abortion as a constitutional right in France. President Emmanuel Macron also favours the inclusion of abortion in the EU's Charter. It remains to be seen whether France will take parliament's cue by making a formal propos- al to amend the EU treaties to include abortion in the Charter. If this happens, Malta could still block the move, but Robert Ab- ela, who prides himself on being "progressive", will find himself in an awkward position; that of defending Malta's "sovereignty" from other pesky progressives. 2. It shoots down the half- baked reform enacted by Labour following Abela's U-turn. The resolution, co-authored by Labour MEP Cyrus Engerer, includes a reprimand for Ab- ela's U-turn in June last year when he backtracked on a timid but courageous reform which was originally meant to allow abortion in cases where both the life and health of the moth- er were at risk. The resolution notes that the reform "adds even more risks and barriers than before to access to abor- tion care", noting that doctors can only terminate a pregnan- cy if the person's life is at im- mediate risk and before 'foe- tal viability', and that doctors are required to refer the dying pregnant person to a medical panel of three consultants. It al- so notes that a pregnant person with cancer in Malta must "wait for the birth of the child before accessing cancer treatment, re- sulting in lower chances of suc- cessful treatment." In this sense, the resolution belittles Abela's claim that the toned-down re- form was still a "big change that shakes the status quo that this country was stuck in". And while Abela has never disowned the original reform and has even hinted at further amendments, he has not even managed to earn any points on the interna- tional stage for tinkering with the country's draconian and complete ban on abortion. This could backfire on Abela's nom- inee for the European Com- mission Chris Fearne who will probably be grilled on the topic, especially if he is nominated to a health portfolio. But like previ- ous commissioners and Metsola herself in her bid to become EU parliament president, Fearne will probably pledge loyalty to the EU consensus on abortion and move on. 3. Labour is divided on this issue. Managing these divisions could become tricky as international pressure could trigger a rift between continentally aligned progressives in Labour and those who resent EU intrusion on Malta's sovereignty. The EU parliament resolu- tion has split Labour MPs into three camps. Alex Agius Saliba and Josianne Cutajar have vot- ed against. Consistent with his sovereigntist approach which makes him suspicious of the control of member states by parliament, Alfred Sant has ab- Above: The European Parliament's resolution, among other things, called on Malta to decriminalise abortion and repeal the restrictive legislation that denies women the right to make their own choices about their life, health and pregnancy. Right: Maltese pro-choice activists rallied outside the European Parliament in February, accompanied by Labour MEP Cyrus Engerer and MP Randolph De Battista.