The Government will propose an amendment to the originally submitted text of Article 243B of the Criminal Code, before the Standing Committee for the Consideration of Bills, with the aim of clarifying the intention of the legislator. The one that protects the pregnant woman and a professional in cases where the mother, due to a medical complication is at risk of losing her life and also where the pregnant woman’s health is in grave danger that could lead to death.
This amendment was announced by Deputy Prime Minister and Minister for Health Chris Fearne and Minister for Justice Jonathan Attard during a news conference. The amendment will require different considerations depending on the circumstance that led to the intervention:
1. Her life at risk: The exemption from criminal liability is based on the immediate need for a medical professional to intervene and take the necessary steps immediately to save the life of the pregnant woman whose life is at risk and who if that intervention is not done, the woman and as a consequence even the fetus will lose their lives. In these circumstances, the doctor must establish that the fetus has not reached the time of viability before the intervention is carried out. If he has reached the time of viability, the intervention is done to give birth.
2. The woman’s health is in serious danger that could lead to death: In contrast, in this circumstance while there is also the necessity because the mother’s life may be lost but there is not the immediacy, the proposed new article is establishing a number of cumulative conditions, in addition to the general conditions, that must be observed: A medical team composed of three doctors, registered as specialists with the Medical Council under the Health Professions Act, two of whom will be obstetricians or gynecologists and one of whom will be the obstetrician who performs the intervention, and the a third doctor is a specialist in the condition from which the pregnant woman is suffering, they must confirm that:
a) the fetus has not reached viability and cannot be born according to the standards of the medical profession:
and b) the medical intervention is carried out only after the medical team has confirmed the necessity of the intervention,
and c) the medical intervention is carried out in a Licensed Hospital that has the necessary facilities to carry out the necessary medical intervention.
The Deputy Prime Minister explained how after the second reading process the Government participated in discussions with stakeholders in the sector, including medical, legal experts and activists with different opinions. He stressed that in order for the Government to achieve the goals mentioned in the amendment, while giving peace of mind, the decision was taken to clarify the amendment further. Minister Fearne specified that the exemption from criminal liability only applies if the medical professional, before proceeding with the termination of the pregnancy, has made sure that there is no other medical possibility according to medical practices current in Malta.
This while he explained that the new amendment also clarifies the intention that has always been present for the Government, that if the time of viability has been reached, meaning the fetus can survive outside the mother’s womb, the a baby is born.
“This is a pro-life amendment that will allow our professionals to do their job according to their year, will give peace of mind to pregnant women and their families and will prevent abuse. This is an amendment that will save lives,” said Deputy Prime Minister Fearne.
The Minister for Justice Jonathan Attard gave a legal background to the amendments by the Government to protect the life and health of the mother. “Whether or not a woman has the right to live is not a matter of political opinion. The change in the law is needed and will happen,” stated Minister Attard. Minister Jonathan Attard said that the people can rest assured that they have a Government that is not afraid of change, especially when this change is intended to bring social justice, such as these amendments that protect the life and health of the mother and give peace of mind to everyone.
