A spokesperson within the Health Ministry has confirmed that the morning after pill is being placed on the Social Affairs Parliamentary committee in order for a discussion to take place in the coming months.
This was announced by Health Minister Chris Fearne in response to a question made during a public consultation which discussed various health issues.
A group of 102 women filed a judicial protest two weeks ago to call on the government to change its position on emergency contraception, as this infringes on women’s fundamental rights and the ability to properly plan the quantity, spacing and timing of when she decides to have children. The protest was filed against both the Health Ministry and the Civil Liberties Ministry, in view of their claim that fundamental human rights have been breached.
Lawyer Dr Lara Dimitrijevic and Ph.D. In social policy and lecturer Dr Andrea Dibben, who signed the judicial protest, said in their position statement, signed by the Women’s Rights Foundation, that “a woman has to have the autonomy to make a decision about her fertility and sexuality free from coercion and violence, to be treated as an individual in her own right, as being capable to make decisions regarding her own body and fertility. Limitations or prohibition of this autonomy is a breach of women’s rights.”
Since the protest was filed, there has been a legal debate as to whether the morning-after pill is illegal in the first place. This dispute hinges on whether it is considered to be abortifacient or not. Chairman of the Medicine Authority Professor Anthony Serracino Inglott, in recent comments to TVM, said that the lack of emergency contraception in Malta is not because of a legality issue, but, rather, a licensing issue.
He also added, “If you read the packet insert which describes how it works, it is very clear it prevents ovulation or fertilisation. It continues to say it does not stop implantation,” he said, while emphasising that it is not abortive.
He admitted, however, that when asked in the past about making the morning-after pill available, he said that it might be considered to be illegal.