Dear all,

We are writing to explain the current situation and ask for your kind endorsement of a proposed document.

Last Monday, the government tabled a bill (Bill no. 28) that seeks to provide a legal exemption from abortion criminalisation to cover those situations where a woman’s life is at risk. These situations are implicitly covered in the law and as a result no doctor was ever prosecuted, however providing an explicit reference to them is understandable.

The issue is that the loose text of the current bill may inadvertently introduce abortion by stealth, if challenged. The primary reason is that the text also makes exemption for a threat to a woman’s health. This terminology has allowed the introduction of abortion in numerous countries (starting from the UK in 1967), since the definition of health is holistic and encompasses mental health and wellbeing.

To remedy this, whilst ensuring the legal protection in life threatening situations, a group of prominent academics have proposed a legal article that is clearly worded and a position paper (attached) that explains the rationale for it. The text of this legal article is as follows:

No crime is committed under article 241(2) or article 243 when the death or bodily harm of an unborn child results from a medical intervention conducted with the aim of saving the life of the mother where there is a real and substantial risk of loss of the mother’s life from a physical illness. 

This is a watershed moment. If accepted by government, the above text may provide reassurance to doctors seeking to do their job properly as they intervene to save a mother’s life. If the current wording in Bill no. 28 stands, the law will eventually be challenged to permit abortion on demand under the guise of safeguarding a woman’s health.

We are attaching the position paper including the proposed legal article for your review and endorsement. If you want to endorse this amendment, kindly follow the link hereunder and add your name to the list:-

https://doctorsforlifemalta.org/legal-article-proposed-amendment/

POSITION PAPER – AN ACT to further amend the Criminal Code – Cap. 9

Please feel free to share this email and encourage other doctors to sign.

Thank you for your help. Your voice matters.

Sincerely,

Dr Konrad Borg 

on behalf of; Doctors for LifePOSITION PAPER – AN ACT to further amend the Criminal Code – Cap. 9