Amendments to the Criminal Code to ensure medical care
In the coming days, the government will present the first reading of a bill which will ensure the legal protection of medical professionals when carrying out their duties in safeguarding the health of a mother during pregnancy.
The introduction of the new Article 243B will clarify the legal position of the caring medical professional and the mother when a medical complication, which would put the mother’s life at risk or her health in grave jeopardy, arises due to the pregnancy. This will be achieved through the introduction of an exemption which clarifies that the termination of a pregnancy to safeguard the health of the mother through a medical intervention, as agreed upon by medical professionals, will not be considered as a crime by Articles 241(2) or 243 of the Criminal Code.
Deputy Prime Minister and Minister for Health Chris Fearne explained that the need to legally safeguard this intervention, which is already a standard practice at Mater Dei Hospital, arose from the doctors themselves. He explained that following discussions with these professionals, government drafted this amendment to make sure there are no obstacles in the provision of the necessary treatment to the pregnant mother. He stated that the spirit of the law and of ethics in medicine is to save lives, and this law ensures precisely this principle.
While providing a historical legal background, Minister for Justice Jonathan Attard stated that these amendments will clarify the parameters in the Criminal Code within which the circumstances of necessity apply, whereby a medical intervention is needed to protect the life and health of a pregnant woman suffering from medical complications.
Minister Attard continued that the introduction of a new Article in the Criminal Code seeks to ensure that the patient receives the best healthcare from the respective professionals, with the full backing of the law. Hence, removing any form of doubt which might obstruct or hinder the professional serenity of the doctor.
Parliamentary Secretary for Reforms and Equality Rebecca Buttigieg described this step as another positive reform which will keep moving Malta forward. “This government is once again showing its resolve to tackle realities in our society by taking decisions whenever needed. These amendments offer peace of mind to the medical professionals and the prospective mother in the provision of the highest level of healthcare.”
Source: Office of the Prime Minister