Written by 
28th September is International Safe abortion day. On Sunday 25th September, Malta had its second Rally (and first March) for Choice,[1] organised by Malta’s pro-choice coalition Voice for Choice. The event was attended by hundreds, who marched with banners and placards through the main streets of Malta’s capital city Valletta chanting ‘liġijiet banali, aћna mhux kriminali’ (banal laws, we are not criminals), ‘mhux il-knisja, mhux l-istat, li ttemm it-tqala mhux reat’ (not the church, not the state, ending a pregnancy is not a crime), and ‘my body, my choice’ to the beat of drums. After the march, activists and allies gathered for a rally with speeches, performances, and – of course – pro-choice merchandise.
Why is such an event relevant in Europe?
There is an assumption that Europe has liberal abortion laws with abortion being easily accessible. After all, most European countries ‘allow’ abortions – at least in some circumstances and during some gestational periods. There is a lot to say about the (many) issues with both laws and access in practice in these European countries. However, I will focus here on Malta – a small island nation in Europe which does not have liberal abortion laws.
In fact, Malta has one of the most restrictive abortion laws worldwide. Within the EU, it is the only country with a total legal ban on abortion. The legislation criminalises both the person accessing the abortion and anyone assisting. A person found guilty of procuring an abortion risks serving up to 3 years in prison, with harsher penalties for healthcare providers.
Human rights & social justice; pro-choice activism & practical support
Although there have been progressive legal amendments in the sphere of human rights and social justice over the years – such as divorce (2011), gender recognition (2015), and same-sex marriage (2017) – there has been no reform to Malta’s abortion legislation, which remain rooted in the 19th century. Because of this, Malta has received criticism from a number of international bodies. There have been calls for Malta to decriminalise abortion and ensure safe access to abortion and post-abortion care.
Despite a hostile environment, there have been progressive advancements in terms of activism, advocacy, and provision of practical support through civil society actions in the last few years. These include the launch of pro-choice coalition Voice for Choice (2019), the expansion of Abortion Support Network’s services to Malta (2019), and the creation of the pregnancy advisory service FPAS Malta (2020).
Barriers have always existed – COVID-19 laid them bare
As we know, people in places with restrictive laws still access abortions. They do so through abortion pills or by travelling to other countries. Malta is no exception. Since its inception in August 2020, FPAS Malta has heard from more than 1200 different individuals (see video from 23:04), with many of the queries being specifically on abortion.
However, abortion access became much more difficult as a result of COVID-19. In Malta, the pandemic highlighted the problems of a system in which pregnant people secretly travel for abortions abroad or secretly order abortion pills online. With travel banned and delays in postal services, the critical situation became more palpable, as people needing abortions had difficulties in accessing them. This became evident through personal testimonies, with some experiencing suicidal thoughts while waiting for abortion pills to arrive. Despite barriers, Maltese residents still managed to access abortions. In fact, international provider Women on Web sent 227 abortion pill kits to Malta between March 2020 and March 2021.
Pushing for legal change
Last year, an independent MP presented a bill to decriminalise abortion in Maltese parliament. Following this, ADPD (Malta’s green and progressive party) endorsed the decriminalisation of abortion (although not for healthcare providers) and stated that it should be available in some circumstances. Volt Malta became the first pro-choice political party in Malta in 2021, declaring that abortion should be a health policy issue rather than a criminal one.
In mid-June this year, 188 individuals from the general public filed a judicial protest calling for the decriminalisation of abortion, stating that the current abortion ban breaches their human rights. Later that month, news from Malta made international headlines, when Andrea Prudente – a pregnant US citizen visiting Malta – had to be airlifted out of the country to receive necessary life-saving abortion care. Following this, a group of medical doctors filed a judicial protest calling for amendments in the abortion laws, as they have a direct effect on their work as healthcare providers. This led the Health Minister to order a review of the laws, later stating that amendments will soon be presented in parliament. Andrea Prudente is now suing the Maltese government, stating that Malta’s abortion ban ‘placed her life at risk and subjected her to inhuman and degrading treatment’.
Abortion must be legal, accessible, local, free, and non-stigmatised
With the Health Minister stating that the government ‘will not be opening any doors to pregnancy termination’, major changed to Malta’s draconian abortion laws are not expected. And so, even if the amendments ensure that healthcare providers can ‘carry out their work and save lives without any fear of breaking the law’, there is still much to march and protest about.
The good news is that the pro-choice movement has already achieved a lot in just a few years. Its establishment led to an increase in abortion talk in the public sphere and is already bearing fruit, with the latest public survey showing that – for the first time – the absolute majority (53.3%) agree with the decriminalisation of abortion.
However, despite recent shifts in public discourse and social attitudes, abortion remains stigmatised in Malta’s pro-natalist society. Mis- and disinformation are spread through various channels, including social media, traditional media, religious institutions, schools, as well as higher education and professional entities. There is also a persistent focus on sensationalism.
And that is why the 2022 March and Rally for Choice was so important. It centred and normalised abortion, and made the pro-choice movement even more visible. Malta still has a long way to go, and so abortion activist actions will remain necessary until abortion is legal, accessible, local, free, and non-stigmatised.
Liza Caruana-Finkel is a PhD student at the University of Liverpool and an abortion rights activist.
[1] Malta had its first Rally for Choice in 2019. There was no such event in 2020 and 2021 due to the COVID-19 pandemic.