Image: File photo – Times of Malta
Abortion is illegal in Malta, but the current situation has now been described as being open to legal interpretation. Lawyers are calling for clear guidelines to help doctors determine whether they should report abortions, warning that the lack of policy is leading to subjective interpretation.
Abortion is illegal in Malta except when performed by doctors to save a woman’s life. But there is no explicit legal requirement for doctors to report abortion cases to the police, resulting in some doctors doing it and others not.
Daniel Bianchi, a lawyer and health law lecturer at the University of Malta, said medical practitioners could arguably benefit from guidance as to when and if they should report anything, not just abortion. There would, however, always be an element of subjective interpretation, which was inevitable in the exercise of most professions subject to duties of professional secrecy and confidentiality. Ultimately, the first step was to train medical practitioners about what the requirements of the law were.
Lawyer Emma Portelli Bonnici, from Lawyers for Choice, went further, calling the legal ambiguity “dangerous”. “It undermines care, endangers patients and creates a chilling effect that discourages others from seeking help at all,” she said.
The issue emerged when Times of Malta revealed how four of the seven abortions reported to the police over the past decade were flagged by doctors at Mater Dei Hospital.
The revelation sparked debate about whether doctors are legally obliged to report abortions or if such reporting breaches professional confidentiality. Bianchi explained that Maltese law does not explicitly require medical practitioners to report patients who have had an abortion. However, under the Professional Secrecy Act, professionals are permitted to disclose confidential information if it is deemed necessary to prevent, reveal, detect or prosecute a criminal offence, or to avoid a miscarriage of justice.
“While this provision does not mandate disclosure, given that abortion may be a criminal offence in Malta so long as all the elements of the offence in question are met, reporting it could fall under this provision although obligations of confidentiality would even then still subsist,” he said.
“Delicate scenario”
The Medical Council has not responded to questions from the Times of Malta on the matter. However, a Health Ministry spokesperson said cases involving abortion are handled at Mater Dei Hospital according to a mix of legal and ethical requirements. “In the context of this delicate scenario, as a [Health] Ministry we believe that a balance needs to be struck between public health, legal requirements vis-à-vis reporting of crime and professional liability,” he said. “The cases reported, in fact, demonstrate that the mechanism is in place and is applied, depending on the circumstances and findings upon medical investigations,” he added.
The Ministry appealed for any patient who needs health assistance to refer directly to the national health services, regardless of the circumstances. “There is nothing more precious than saving human life,” the Health Ministry spokesperson said. “However, we are also very much aware of the need for the protection of health professionals when performing their job.”
Recent figures released by Doctors for Choice show that abortion pills shipped to Malta rose to 590 last year – a 14% increase on the previous year. This figure excludes women who travel abroad to terminate pregnancies.
Portelli Bonnici said the fear of being reported can deter women from seeking aftercare. “It is indefensible to betray individuals who turn to healthcare professionals for help – often in fear, pain or distress – only to be reported to the police. These are people who approach professionals believing, rightly, that their words will be kept confidential. To violate that trust is not fulfilling a legal duty; it is making a choice – and that choice runs directly counter to the most basic principles of care.”
She added: “This is not an individual failure – it is a systemic one. A failure of political courage, institutional responsibility and basic decency… Until the government – specifically the Ministry for Health – and the Malta Medical Council stop enabling this dangerous legal grey zone and issue clear, binding guidance, they remain complicit.”
While it has been over 25 years since a woman was jailed for abortion in Malta, prosecutions still occur. In 2023, one woman received a conditional discharge. In 2014, two women were handed suspended sentences for abortion-related charges.
SOURCE: Times of Malta, by Claudia Calleja. 17 May 2025.