Decriminalising abortion means criminal charges will no longer be brought against a person seeking or providing an abortion.

Decriminalisation can replace criminal penalties with civil penalties that don’t have to go through the court system. This turns abortion into a health and social concern, rather than a moral and criminal justice issue.

Currently, abortion in Malta is legislated by articles 241(1) and 242, which both prohibit anyone from getting an abortion and imposes a penalty on the person who terminates a pregnancy and any person who assists them.

A guilty sentence carries a prison term of anything between 18 months to three years.

And those that voted for decriminalisation weren’t all pro-choice supporters. In fact, 149 pro-lifers voted for abortion to be decriminalised, while 97 were unsure. Over 2,200 people said it should be decriminalised altogether.

“Criminalisation puts clinics underground,” said a pro-life man in his 70s.

“It is important to have safe abortions,” said a pro-life woman in her late 30s.

“Even though I’m against it I don’t think someone should go to prison for it,” said another pro-life woman in her 30s.

“There are extreme cases where it is necessary,” said a man in his 50s.

Meanwhile, those who accede to the pro-choice ideology had their own justifications for the decriminalisation of abortion.

“People are being deprived of their choices in regards to their lives if abortion is banned. Women are being seen as incubators with a law like the Maltese one. Malta should realise that if abortion is decriminalised, it will not mean that women will terminate their pregnancy without a cause. All women should be able to do as they want with their bodies without a criminal consequence,” said a woman in her 30s.

“Because if you cannot trust people to make the right decision, you certainly cannot trust them to take care of a child,” said a pro-choice man in his early 20s.

“Simply because I wouldn’t want the same legislation forced upon me and my body if that ever became an issue. Women who want an abortion for whatever reason WILL get one, illegally and worse, ungoverned by medical authorities! We need to stay out of their bodily choices!” said a man in his 40s.

“Because women will just seek unsafe abortions. Also, totally ridiculous not to help a woman suffering a partial miscarriage or an ectopic pregnancy. Or needing medicine which will harm the foetus,” said a pro-choice woman in her 70s.

Meanwhile, there were a number of people who were unsure about whether they are pro-choice or pro-life. Yet, they generally agreed with the decriminalisation of the process. 

“I do not believe that women should be jailed for having an abortion even though I do not believe it is a healthcare right as pro-choice campaigners state,” said an unsure male in his 30s. 

“It isn’t a crime. We need compassion, not penalties,” said another unsure respondent.

Former MP Marlene Farrugia has already presented a private member’s bill to parliament calling for the decriminalisation of abortion on the island.

She stressed that safeguarding life meant creating a society where women live free from discrimination and where they can live safely and with access to healthcare.

This bill was presented over a year ago but it still hasn’t been discussed by parliament.

Abortion has been put at the centre of public conversation, however, the government refuses to merely follow the procedure of a private member’s bill and discuss the matter themselves in parliament.

Essentially, the government is neglecting its duties, and in turn, the lives of women are being put at risk.

Therefore, it’s important for the state to see that there is a public desire for abortion to be decriminalised, maybe they’ll open their eyes to reason and finally discuss the issue at hand.

Do you think abortion should be decriminalised?