Abortion law and policy in Malta, Northern Ireland and Poland

Abstract

Abortion, a topic which for years has been at the centre of many controversial social, political and ethical debates. The debate on abortion features two main camps the ‘Pro-Life’ and the ‘ProChoice’, both of their ideologies contrast heavily one another. The ‘Pro-Choice’ camp solicits that it is the right of the woman to decide what to do with her body in respect to a pregnancy whilst, the ‘Pro-Life’ camp solicit that it is a right of the unborn foetus to be able to live, this is also protected under the UN’s Right to Life. The Right to Life is safeguarded in many international treaties such as the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Thus, what is disputed between the 2 sides are the rights of the foetus versus the rights of women. In Malta, the abortion debate has been on the rise more and more over the past ten years and it currently stands as the European Union country with the harshest laws when it comes to the matter. My goal with this dissertation is to highlight the failures of the law i.e. the creation of loopholes within the theoretical versus the practical everyday use of medicine. Throughout the dissertation I shall be focusing on what is stipulated in the laws – the Criminal Code of Malta, however, looking at practical scenarios in which the law fails. The methods used to gather data and information is based on document analysis using medical journals, publications from international organisations and the law using international treaties and national constitutions. Throughout the research I shall be conducting I will be analysing documents from both sides of the debate but what is notable that in international documentation from the World Health Organisation classifies access to safe abortion as part of sexual and reproductive health even if in countries it is not mentioned or given importance. This showcases the importance that on an international level abortion is treated as part of sexual and reproductive rights. My research questions have been purposely designed in order to highlight the discrepancy between the theoretical framework of the constitutions versus the everyday practice of medicine. Moreover, throughout my research on this subject I have learnt that in instances practicality will prevail over the legal framework.