As the country mourns the violent murder of domestic violence victim Bernice Cassar, a group of 80 individuals who describe themselves as academics issued a position paper in response to the government-proposed amendment to Malta's abortion laws. The government has proposed an amendment to allow the termination of pregnancy in cases when the pregnant woman's life is at risk, or when there is a grave risk to the pregnant woman's health.
In their response, this group of 80 academics argued that a number of conditions and categories of people should be excluded from accessing a legal abortion in Malta. Their list of exclusions is: (a) anxiety; (b) emotional distress; (c) organic mental disorder; (d) a stressful situation arising from economic circumstance or unwanted pregnancy; (e) cases of rape; (f) inconvenient pregnancy; (g) an abnormal foetus; or (h) such other medical, mental, psychosocial, or psychological conditions or disorders that may be treated through ordinary clinical measures.
If their suggestion were to be accepted, it would mean people with life threatening mental disorders and victims of rape would be denied a legal abortion, unless they develop some other life threatening physical condition. Not only is their suggestion stigmatising to mental illness, and treats mental illness as being inferior and less worthy of treatment than physical illness, but it is also cruel to those who are victims of sexual assault. Even countries that do not allow abortion on request usually have provisions to allow victims of sexual assault access to abortion. These academics also propose a specific prohibition against allowing abortions in cases of fatal fetal anomaly, forcing affected families to give birth to children who will suffer and die after a few days or weeks.
Another potentially dangerous suggestion they make is the requirement to have three specialists take the decision to terminate the pregnancy. This may introduce delays in the delivery of life-saving care and may lead to a higher level of risk being required before an abortion is authorised. Such delays and increased level of risk may cost a pregnant person their life.
They also suggest that there should be a special register with the names of people who have legal abortions in Malta. This raises privacy and data protection concerns, especially if this register were to end up in the wrong hands or be leaked. Abortion is a standard healthcare procedure and the fact that someone has had an abortion should be recorded in their personal confidential medical record and nowhere else.
It is important to stress that abortion is a reality in Malta and is already happening. Pregnant people are ordering safe but illegal abortion pills online and taking them at home. The abortion ban only makes these abortions less safe, and makes people less able to seek help if they develop a complication.
The list of signatories is:
Mgr Professor Emmanuel Agius
Professor Kevin Aquilina
Dr Josephine Attard
Rev Dr Stefan Attard
Professor Simon Attard Montaldo
Professor Andrew Azzopardi
Mr Peppi Azzopardi
Judge Giovanni Bonello
Professor Tonio Borg
Professor Rita Borg Xuereb
Professor Vince Briffa
Dr Maximilian Brincat
Professor George Buttigieg
Rev Dr Carlo Calleja
Professor Jean Calleja Agius
Professor Anne-Marie Callus
Dr Astrid Camilleri
Dr Rodianne Camilleri Agius
Professor Frances Camilleri-Cassar
Professor Antoinette Camilleri Grima
Dr Maria Cassar
Dr Dalisio Chetcuti
Dr Marcelle Chircop
Dr Romina Cini Custo
Professor Maureen Cole
Dr Helga Consiglio
Dr Mark Cordina
Dr Johann Craus
Dr Sylvianne Dalli
Professor Nadia Delicata
Dr Bridget Ellul
Professor Ruth Falzon
Dr Rosienne Farrugia
Dr Nicholas Felice
Dr Mark Formosa
Professor Anthony J. Frendo
Dr Ivan Galea
Dr Vickie Gauci
Dr Heidi Gauci Grech
Professor Helen Grech
Professor George Grima
Dr Marlon Hamsworth
Professor Josef Lauri
Professor Carmel Mallia
Prof Patricia Mallia Vella de Fremeaux
Dr John Mamo
Dr Judith Mifsud
Professor Yves Muscat Baron
Dr Martin M. Musumeci
Dr Maria Navarro
Dr Marcus Pace
Professor Paul J. Pace
Dr Carmen Portelli
Ms Lourdes Pullicino
Dr Mario Refalo
Dr Andrew Sammut
Professor Ivan Sammut
Dr Olivia Anne Sammut
Dr Clarissa Sammut Scerri
Professor Paul Sant Cassia
Professor Charles Savona Ventura
Dr Albert P. Scerri
Professor Pierre Schembri Wismayer
Ms Svetlana M. Schembri Wismayer
Dr Miriam Sciberras
Professor Valerie Sollars
Dr Dorianne Spiteri
Dr John Thake
Professor Alex Torpiano
Dr Josef Trapani
Dr Mark Anthony Vassallo
Professor Peter Vassallo
Dr Katia Vella
Dr Mignonne Vella
Dr Sue Vella
Professor Edward Warrington
Professor Martin R. Zammit
Rev Dr Ray Zammit
Dr Christine Zerafa
Dr Katia Zammit
Mr Mark Laurence Zammit
Please note that the names of those who signed this position paper were made public by those who published the position paper, not by us.