The Malta Independent 25 January 2025, Saturday
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After euthanasia, abortion

Mark Said Thursday, 9 January 2025, 07:18 Last update: about 16 days ago

It had long been coming and was even promised in Labour's 2022 general election electoral manifesto. In November 2022, Prime Minister Robert Abela publicly committed himself to the idea that a debate on euthanasia must lead to an eventual decision.

At the time, the PN remained staunchly against euthanasia's introduction. However, some time afterwards, Nationalist Party Leader Bernard Grech indicated his party might be ready to relax its hostile opposition to abortion and euthanasia.

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Now, Parliamentary Secretary Rebecca Buttigieg will be publishing a white paper to kick off a public consultation process on euthanasia this year.

This was to be expected as, according to a poll held in April of last year, almost two-thirds said euthanasia should be legal.

The main arguments in favour of euthanasia's introduction in Malta will surely be based on the concepts of 'my body, my choice' and self-determination. In fact, these two concepts were also a common factor in the rapid civil liberties revolution that overtook Malta when Labour first took the reins of power in 2013.

Euthanasia, or assisted suicide, and occasionally both, have been legalised in a limited number of nations and states. European countries that allow assisted dying include Belgium, Luxembourg, Germany, Spain, Austria, and Portugal.

 In every jurisdiction, regulations and protections have been established to avert the abuse and improper use of these practices. Preventive measures have encompassed, among other things, clear consent from the individual seeking euthanasia, obligatory reporting of every case, administration solely by doctors (except in Switzerland), and a consultation with an additional physician.

In Belgium, the right to euthanasia was extended to children in 2014. There is no minimum age requirement, but the law requires the child to have the ability to understand and written consent by the parents. Very strict medical criteria must also be fulfilled.

In the Netherlands, children younger than 12 years cannot ask for euthanasia. From the age of 12 to 15 years, children can request euthanasia with parental consent. In case of disagreement between children and their parents, the request for euthanasia will not be granted. From 16 years onwards, there is no need for parental consent, but parents must be involved in the decision-making process. From the age of 18 years, young people have the right to request euthanasia without parental involvement.

In Luxembourg, euthanasia can only be requested from the age of 18 years.

In all probability, we will be having a law that legalises euthanasia. Still, once we are still at a discussion stage, it would not go amiss to learn from the experiences gathered in foreign jurisdictions where euthanasia has been legalised for quite some time now.

There is strong evidence that these laws and protections are frequently overlooked and violated in all jurisdictions, with violators not facing prosecution.

Greater acceptance of violations in societies with those laws signifies a social "slippery slope," as do the modifications to the laws and standards that came after legalisation. Even though the original aim was to restrict euthanasia and assisted suicide to a last-resort choice for a very limited group of terminally ill individuals, some areas now broaden the practice to include newborns, children and those with dementia. A terminal illness is no longer required.

In the Netherlands, there is now consideration for euthanasia for individuals over 70 who are "tired of living." Legalising euthanasia and assisted suicide thus puts numerous individuals at risk, influences societal values over time, and fails to establish adequate controls and protections.

Once the consultation process on euthanasia is closed and a decision taken either way, rest assured that right following on its heels will be a national discussion and consultation process on abortion that may lead to a definite and final decision.

In a 2022 poll, 80% of the local population agreed with abortion when a woman's life is in danger. 21% agreed with abortion irrespective of whether a mother's health or life is at risk. It could be that those percentages today have increased rather than decreased. At the time there was an absolute majority in favour of abortion as a right of personal freedom among younger people aged between 16 and 35.

In an EU context, a European Parliament resolution of 11 April 2024 called for the inclusion of the right to abortion in the EU Fundamental Rights Charter.

That resolution was designed to exert pressure on Malta and Poland to amend their strict laws that restrict what the EU mainstream views as a human right. This will inevitably create ripple effects on the local political and social landscape.

This followed a landmark vote on 4 March 2024, when French lawmakers enshrined the guaranteed freedom to have an abortion in the French Constitution.

That French constitutional revision aimed to establish a safeguard in the context of the backsliding on abortion rights in the EU and globally, including in the US, Poland, Hungary and Malta.

To some, euthanasia is possibly more ethical than abortion, because patients are competent and make the request themselves. In contrast, the life that is lost in abortion is decided by another.

Both involve persons most concerned with making decisions for themselves that are forbidden by some religions. Compassion is a common feature of both.

Both subjects will remain controversial, as there will always be those in favour and against.

It is enough that we have a damaging political polarisation. A social polarisation is the last thing that we now need.

Perhaps the best and most democratic way to solve these delicate subjects is to subject them to a national referendum and respect the outcome thereof.

At the end of the day, it should be the sovereign will of the majority of the people that should prevail over anything else.


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