MALTA-ABORTION-TBs-CCPR

Concluding Observations on Report 3 (2024) (Link)

Voluntary termination of pregnancy and sexual and reproductive rights

18. The Committee notes the amendment to the Criminal Code through Act No. XXII of 2023, providing the exception to the general ban on access to abortion where the life or health of the pregnant woman is at risk. The Committee is concerned about:

(a) The continued criminalization of abortions of pregnancies that may cause substantial physical or psychological pain and suffering, including pregnancies resulting from rape or incest;

(b) The lack of information on the provision and scope of publicly funded services, such as psychological care or prenatal and post-abortion health services;

(c) The lack of guarantees, in law and in practice, for the provision of services by non-governmental organizations, including on the allocation of human, technical and financial resources;

(d) The lack of information on the accessibility of legal aid and fair trial guarantees for women being investigated, prosecuted, convicted or sentenced in relation to abortion, in addition to those previously sentenced (arts. 2, 3, 6 and 8).

19. With reference to its previous recommendation and its general comment No. 36 (2018), the State party should take all measures necessary to ensure that abortion is not regulated in a manner that runs contrary to its duty to ensure that women and girls do not have to undertake unsafe abortions. The State party in particular should:

(a) Evaluate laws and policies that may discriminate against women and girls who have recourse to abortion or arbitrarily interfere with their privacy;

(b) Amend its Criminal Code to guarantee safe, legal, unimpeded and confidential and effective access to abortion, where carrying a pregnancy to term would cause substantial physical or psychological pain and suffering, including where the pregnancy is the result of rape or incest or is non-viable;

(c) Ensure equal access to publicly funded health and social services, including social benefits and psychological care as well as high-quality prenatal and post-abortion health services;

(d) Ensure that women and girls do not have to undertake unsafe abortions, and effectively protect the lives of women and girls against the mental and physical health risks associated with such abortions;

(e) Develop comprehensive assistance programmes for women and girls who are forced by the State party’s legislation to carry their pregnancies to term, targeting in particular those who have suffered temporary or permanent damage to their physical or mental health, or their families in the case of death, have large families, are forced to abandon their studies or jobs, live in poverty or belong to other vulnerable groups;

(f) Ensure the provision of legal aid and fair trial guarantees for women being investigated, prosecuted, convicted or sentenced in relation to abortion;…

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Concluding Observations on Report 2 (2014) (Link)

Abortion

13. The Committee is concerned about the general criminalization of abortion, which forces pregnant women to seek clandestine abortion services which put their lives and health at risk. The Committee is concerned that no exception is admitted when a woman’s life is in danger or for cases of pregnancy resulting from rape or incest (arts. 6, 7 and 17).

The State party should revise its legislation on abortion by making exceptions to the general ban on abortion for therapeutic purposes and when the pregnancy is the result of rape or incest. The State party should ensure that reproductive health services are accessible to all women and girls throughout the country. It should also increase the number, and ensure the implementation of education and awareness programmes at the formal level (in schools) and at the informal level (through the media and other means of communication) on the importance of using contraceptives and on sexual and reproductive health rights.

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Concluding Observations on Report 1 (1993) (Link)

[no mention]

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