An ethical appraisal of the Embryo Protection Act, 2012

Abstract

This work discusses the ethical implications of framing bioethical concerns within the Embryo Protection Act, 2012. It starts from the observation that moral and legal approaches to questions of bioethical relevance were dominant when addressing bioethical concerns in Malta. The law as presently enacted in Malta is the result of over two decades of contentious debate, and addresses a variety of bioethically relevant issues. The law is intrinsically designed to safeguard the interests of the unborn child above everything else. It is in the context of this strong connection between the law as presently enacted, and bioethics that this work seeks to analyse what happens when issues of bioethical relevance are discussed within such a framework, how this affects the way bioethical issues are conceptualised, conceived of and dealt with, and, ultimately, how well-suited or successful the law is in its attempt to resolve current bioethical questions. Following the methodological approach of thematic analysis, this dissertation bases its analysis upon manifestations that serve as framework for bioethical debate that also somewhat defines how bioethically relevant issues are approached, thought of and dealt with. It somewhat determines what methods are used to resolve such issues and that it somewhat limits the range of conceivable and viable solutions to these issue. This dissertation does not aim to abrogate legal approaches to bioethics, and it does not understand the implications discussed in this dissertation to be necessarily good or bad. To the contrary, it will be shown that the law as presently enacted is suitable and contributes effectively to the development of the field in several important ways. Yet, this dissertation also shows that it is worthwhile to closely examine implications that follow from specific legal approaches to bioethical issues - not least because these implications are not always easily perceived.