Tony Mifsud, coordinator, Malta Unborn Child Movement, Fgura
Abduction of unborn Maltese children
In my contribution to The Times, Trafficking Of Unborn Humans (July 16) I wrote: "When the abortionist's 'clinic' is on foreign territory, land or ship s/he is beyond the reach of Maltese law (although we have also extradition and child abduction laws!)..."
The law report in The Times (September 1) narrates the case of an abducted child and the role of the Malta Director of the Department of Standards for Social Protection in child abduction. This according to the provisions of Chapter 410 of the laws of Malta, the Child Abduction and Custody Act 2000, which ratified two international conventions relating to international child abduction.
It appears that when a pregnant woman decides to have an abortion overseas, with the clear intent to terminate the life of - to kill - the unborn child and subsequently leaves Malta for this purpose, she has, effectively, abducted the child, probably also against the wishes of the natural father.
According to the Malta Domestic Violence Law 2005, the unborn child has a legal status to be given "legal protection" from "any type of violence", including local or overseas abortion.
The Times' law report deals with a request to "remove" a child from Malta to Turkey for custody purposes.
In an attempted abortion overseas, a Maltese woman tries to remove an unborn child from Malta, to wherever, specifically to kill him.
The Malta Child Abduction Law makes equal provision for the "return" of an abducted child to Malta.
It seems the Maltese law on abduction, through the director of Standards and Social Protection, who is the "central authority" for this purpose in Malta, can also reach and protect an unborn child in any other land which ratified the UN Convention on Child Abduction through joint action with the "central authority" of that particular land.
The Malta court case makes reference to provisions in the Convention, and, therefore, the Malta Act, about "grave risks that the child's return (to Turkey) would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation". In the case of an abducted unborn child the scenario is not "harm" but death... much worse!
I am sure the Maltese court would have argued in a similar way if it were a case of the removal of an unborn child from Malta for the purpose of death. In fact the Maltese courts have already argued, and decided, in this way in the Persiano and Borg cases a few years ago. Both cases concerned suspected abortion overseas.
According to the Maltese Domestic Violence Law, Aġenzija Appoġġ is the "designated authority" to legally protect also the unborn child from domestic violence... also from abortion, locally or overseas.
According to the same law, the Domestic Violence Commission has the responsiblity to advise the Minister of Social Policy on the best ways to protect the unborn child from domestic violence... also from abortion, locally or overseas.
It appears that the director of Standards for Social Protection has already tried to protect an abducted child, through the local courts, from what the court considered also "physical and psychological harm" in the Malta-Turkey case this year.
It is now becoming clear the director can also protect an abducted unborn child from very grave "physical and psychological harm", from domestic violence, from abortion overseas, from death, even if he or she has to issue a care order in the first place.
All three institutions mentioned in the two preceeding paragraphs fall under the Minister of Social Policy, although in the case of abduction the "central authority" is answerable to the Minister of Justice.
What about a concerted effort regarding abortion overseas from the tandem composed of the two ministries? Both ministers are known to be pro-life activists. If, for some technical reasons, this is not possible, Parliament, composed solely of two big parties which are both pro-life, can make this possible!
UK official statistics confirm that abortions from Malta are taking place in the UK. Sicly is known to be a very convenient place for abortions from Malta. Most probably abortions on the Dutch ship are taking place.
Unborn Maltese children must be protected from abortions overseas.
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Gerry Cowie
Sep 11th 2008, 19:56
"Women, who opt for an abortion, have spend an enormeous amount of time and tears to come to the right and best conclusion." C Weitze - do you mean some women or all women and where do you get your statistics if any?
"We talk non-stop about the unborn-child's rights...but what about the mother's?? Have they suddenly become insignificant to the world???" R Farrugia - I rather think it is the other way around. Who will defend the unborn if not the living?
Please note that I am not commenting on the article by Tony Mifsud but merely stating that if you have a comment to make on a subject then the use of unsubstantiated, sweeping statements will not help your cause.
Those who come out in defence of the unborn, no matter how humble their opinion may be, expect to be verbally attacked for their views, and no doubt Mr Mifsud accepts this will always be the case.
What I can see from a lot of the comments below is a lot of bitter people who, whilst trying to put across the mother's plight, have absolutely no regard whatsoever for the child - yes the child - involved.
R Farrugia
Sep 8th 2008, 20:08
@ Raphael:
"Mr Tony Mifsud seems to be deliberately distorting the Domestic Violence Act for his own ends, and these in turn seem to be motivated by a desire to control the movements and choices of adult women. An explanation would not be entirely out of place."
I completely agree with you; a mature, adult woman is completly responsible for her own actions, and if it is an abortion which she chooses to have, then so be it! It is for no one else to decide what should be done for the mother other than herself!
R Farrugia
Sep 8th 2008, 20:05
Abortion is not something decided overnight and it is in no way at all an easy decision. Many woman suffer from clinical depression after a termination.
"Unborn Maltese children must be protected from abortions overseas"
Well, what else are women who choose to end a pregnancy to do?????? Some women, whether because of rape or illness of either the mother or of her unborn child, will opt for an abortion, and if it is not available in their own country, their only choice is to go overseas.
Does this also mean that pregnant women who choose to travel during their pregnancy must sign some sort of form saying that they will come back with the foetus still inside them??? How utterly ridiculous!
We talk non-stop about the unborn-child's rights...but what about the mother's?? Have they suddenly become insignificant to the world???
Albert Spiteri
Sep 8th 2008, 18:55
The first references to abortion in English law appeared in the 13th Century. The law followed Church teaching that abortion was acceptable until 'quickening', which, it was believed, was when the soul entered the fetus. The legal situation remained like this for centuries.
What Tony Mifsud proposes here is an aberration by far worse than dark ages stupidity, ignorance, Christian fundamentalism, cruelty and inquisition.
Our world is now full of horrible, unsupervised children who are getting pregnant at 11 or 12 years old, killing people over silly things like juice, snacks, sneakers, etc. If terminating a pregnancy is an option for you, then do it, because the rest of the world should not be punished for your mistake.
Angelica Attard Bossert
Sep 8th 2008, 17:43
Jean-Pierre Aquilina: The Inquisition was fortunately abolished in Malta over two hundred years ago - a fact that has apparently escaped you.
Raphael Vassallo
Sep 8th 2008, 16:55
"Anyone who makes such a claim should be criminally charged for encouraging child abuse and manslaughter."
Here we go again. Do we need another judge to come out of retirement and address this
fallacy once and for all? Advocating abortion as a woman's right is NOT a crime, and can only become one in a country which has absolutely no notion of democracy. People are free to campaign for any legal changes they deem fit, and that includes the introduction of abortion, euthanasia, the death penalty... you name it. People can only be "criminally charged" if they commit a crime. This might come as a surprise to Mr Aquilina, but disagreeing with a law is not in itself a crime, and expressing one's disagreement is actually a human right enshrined in the Universal Charter (and hence the Constitution of Malta).
It is really not that difficult to understand.
malcolm tortell
Sep 8th 2008, 16:05
@ Raphael:
I have to disagree. Mr Mifsud is not so much distorting the Domestic Violence Act as rewriting it.
wally vella-zarb
Sep 8th 2008, 15:53
So really, if we were to extrapolate the situation, this organisation would have all prospective female voyagers undergo a pregnancy test before being allowed out of this madhouse - and another one on their return!
'Absurd' seems to be rather generous an adjective to describe this man's positon, or that of his organisation, if he writes on their behalf.
C. Weitze
Sep 8th 2008, 15:17
"Unborn Maltese children must be protected from abortions overseas" ???
This reminds me so much of the story I've heard years ago, about a mother of various (forgot exact number) children, who's doctor advised her not to get pregnant another time, since she would probably not survive another child birth.
Well, it was thanks to the arguments of people like you - who are against abortion and contraceptives - that this woman got pregnant again and died whilst giving child birth.
And who is defending the rights of the children, who thanks to some anti-abortion/ anti-contraceptive fanatic, lost their mother?!?
Dear Mr. Mifsud, abortion is anything but an easy decision. It's not like going for a meal and choosing between beef and fish. Women, who opt for an abortion, have spend an enormeous amount of time and tears to come to the right and best conclusion.
Whether illness, rape, the unreliability of the "biological father" , social and/or financial problems or the fear of discrimination ...they are all very valid reasons....and not up to you to judge!
Raphael Vassallo
Sep 8th 2008, 14:52
I have just read the Domestic Violence Act (Laws of Malta, Chapter 481) from start to finish, and nowhere does it define Appogg as the "designated authority" to protect unborn children from "abortion, both locally and overseas". In fact, there is no mention of overseas abortions whatsoever.... which is hardly surprising, as Maltese jurisdiction does not and cannot extend to territories other than Malta itself.
Mr Tony Mifsud seems to be deliberately distorting the Domestic Violence Act for his own ends, and these in turn seem to be motivated by a desire to control the movements and choices of adult women. An explanation would not be entirely out of place.
Jean-Pierre Aquilina
Sep 8th 2008, 14:37
@Albert Spiteri,
Abortion concerns everyone - even males. Does it not hurt you to know that some children are killed - slaughtered or butchered is more appropriate - whilst still in their mother's womb?
For the record, I do not blame the mother for taking such drastic actions. I blame unscrupulous people who prey on the weakness of pregnant mothers to make a quick buck. I also blame activists who promote abortion as a woman's right. Anyone who makes such a claim should be criminally charged for encouraging child abuse and manslaughter.
Ramon Casha
Sep 8th 2008, 14:27
Tony Mifsud apparently assumes that countries which have ratified the UN Convention on Child Abduction are all composed of idiots. They are not, and they are all well aware of the distinction between a child and a fetus. There is no such thing as an unborn child, and laws concerning children do not apply to fetuses.
If Malta had the right to prevent women from leaving Malta in order to have an abortion, then every other country in the world would have the right to have Maltese police and judges arrested and sentenced for abduction and sexual assault in the form of forced pregnancy. How would you feel if people in other countries decided that the "pro-life" people in Malta should be imprisoned the moment they set foot in their countries? Well at least the debate would be cut short.
Saviour Cassar
Sep 8th 2008, 14:10
What Dutch ship?
Amelia Vella
Sep 8th 2008, 13:50
In your infinite wisdom, I would be grateful if you could answer these simple questions Mr. Tony Mifsud,
1 If I choose to move abroad with my child, is it kidnapping?
2 If I go on holiday with my child, is it kidnapping?
3 Whose permission do I need to take MY child abroad?
4 Do you think that all women going abroad for an abortion go alone or do you think the father of the child goes with them?
5 If I miscarry, am I to be charge with involuntary manslaughter?
6 If the "father" of the child rejects or denies the "mother" and child, what say does he have?
You seem to think that you know everything. Answer these questions honestly (not what you think we want to hear) and prove it!
Raphael Vassallo
Sep 8th 2008, 12:21
Great. So now, any pregnant woman who goes on holiday can be charged with kidnapping her unborn child. is there no end to this lunacy?
Albert Spiteri
Sep 8th 2008, 10:32
Is abortion the Legalised Murder of the Unborn Child? No, it's not because "legalized murder" is self-contradictory and by definition an oxymoron.
"Murder" can't be legalized but "Killing" can, however.
Murder is defined by webster as "the crime of unlawfully killing a person especially with malice aforethought." A better question is based on "Legalized Killing" since you really can't legally "unlawfully kill" someone.
Is abortion legalized "killing"? Yes.
"Legalized murder?" By the constraints of the language; no, it's impossible.
So it boils down to a matter of women's rights against fetal rights.
I think that males should probably shut their mouths up and leave it in the hands of the appropriate gender. Imagine the reaction if women were telling men what they should legally do with their reproductive organs! There would be rioting in the streets, friends.