Louis Cilia, San Ġwann
Growing pressure in favour of abortion.
I read with great interest the article in The Times of April 8 on the views of Fr Denis Wilde on abortion. It was reported that Fr Wilde strongly believes that Malta should protect its pro-life stance by establishing it firmly in the Constitution. In the opinion of Fr Wilde this amendment to the Maltese Constitution is "imperative to prevent the EU from pressurising Malta into introducing abortion". Well said and explained, especially where Fr Wilde draws an analogy as to what has happened on the same subject in the USA mostly as a result of that country's Supreme Court decision taken in 1973 which legalised abortion, the dire consequences of which are still being felt today. In my opinion, however, there are a couple of "ifs" and "buts" in the same equation that also need to be taken into consideration.
Some time ago readers may recall that the Council of Europe (CoE) on April 16, 2008 passed a resolution calling on member states to make abortion "an unconditional right". To compound this adverse situation from the point of view of the pro-life movement, this resolution was passed in a resounding manner with 102 votes in favour, 69 against and 14 abstentions.
The CoE resolution as such is not binding on member states, but observers on both sides of the issue feel that the adoption of this resolution was a very serious step on the part of the pro-abortionists to finally force the EU to have abortion legalised in an unrestricted manner throughout the Union. Some are even of the view that all that is needed now is for the European Court of Justice (ECJ) to declare itself in favour of the principle of abortion being "an unconditional right" as adopted by the CoE Assembly on April 16, 2008. The fact that the said resolution was passed by a large majority could further influence the decision of the ECJ in its favour when this is finally taken. To many observers this is only a matter of time and timing and the Maltese authorities had better prepare themselves to face the situation when it does materialise.
In an article I wrote in The Times on the same subject some months ago I asked the authorities or some MEP to enlighten us on what would be the situation in Malta if the ECJ takes a decision to uphold the resolution on abortion as passed by the CoE last year. Would an amendment to the Constitution, as suggested by Fr Wilde, protect Malta from being obliged to introduce abortion in Malta? The question has remained unanswered. I have my own serious doubts about the sufficiency of the amendment to the Constitution to address this issue in a definitive manner. Nor, in my opinion, would the safeguards in the protocol on abortion annexed to Malta's Accession Treaty be an adequate safety net.
These questions need to be reflected upon with urgency so that we are fully prepared for when eventually we have to face them. It's only a matter of time. These reflections should not be restricted to abortion. There are other issues of equal importance that could hit us at any time. For example, during my time some years ago as chairman of the Governmental Committee of the European Social Charter of the Council of Europe I was faced more than once with the insistence by representatives of member states that divorce was a human right.
In conclusion, therefore, with regard to the question raised in the previous paragraph, I draw the authorities' attention to case law of the ECJ on the question of the supremacy of community law from the Court of Justice's perspective. The court ruled "that the legal status of a conflicting national measure was not relevant to the question whether community law should take precedence". Of an abundantly more serious nature was the decision of the court in the same case law which ruled that "Not even a fundamental rule of national constitutional law could be invoked to challenge the supremacy of a directly applicable Community law."
I do not hold myself to be competent enough on such high legal matters, but someone in authority must perforce enlighten us Maltese citizens on these vital issues of great importance to all of us. The silence so far is deafening - and for that very same reason rather frightening.
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Margaret Richards
Apr 24th 2009, 09:52
Playing it holy is the norm it seems. No one claps to a person who chooses abortion for nothing, but there are instances where abortion is the only decision in instances such as violent rape, incest, a severely deformed baby, or when the mother's health is in danger. Who are these 'TALIBAN MEN' to decide on us women what to do???Re divorce, i'm very much of the opinion that if a relationship went really sour, why should a couple be forced to remain together, or else cohabit without any legal rights? Divorce is the only way out. Re Gay Marriages. It's not as if gays are asking to get married in church, they are asking for legal rights. I believe like any human being they do have the right to legal status. As regards Euthanasia, if you were in an irreversible coma, or dying a slow painful death, I will never judge a person's decision. If you would stop judging and playing holier than though idiots but trying to put yourself in other peoples' shoes it would serve you as a very important lesson.
lgalea
Apr 24th 2009, 09:32
Joe Zammit
Continue living in Nirvana Joe. Once the EU decides that abortion is a right great pressure will be put on Malta's government to allow it. We have seen this in many areas, hunting and trapping, the Shipyards, aid to factories, the removal of the reservations to the refugee convention, increasing the pensionable age, lumping the Dublin II convention, removal of the law that no foreigners can work in Malta unless the work cannot be done by Maltese workers......
Ms P Graham
Apr 24th 2009, 06:50
Joe Zammit wrote: In fact, the state and religion should support each other as they together serve the personal and social well-being of all. ***
Do you actually live in Malta???
"The personal and social wellbeing of all"
Do you actually have any clue how many women are living in poverty due to the lack of proper Divorce proceedings in Malta?
Have you ever gone through the devastating decision to abort a severely damaged fetus or worse, give birth to a dead baby after 28 weeks gestation?
or are you one of the many who believe through your beliefs that women are second class citizens, subservient to their "husband" and should just put up and shut up?
If men had to go through giving birth, abortion would have been legalized centuries ago!!
concentrate on reality as opposed to the books you read.
S. Coleiro
Apr 24th 2009, 00:47
@Joe Zammit:
Malta is in the EU now, deal with it!
Are you living in the 16th century or what? You have the right to call divorce, abortion and same-sex marriages as 'evil', but you have no right to impose your 'values' on all Malta!
Just because the majority of Malta are Catholic, doesn't mean we have to be ruled by a Catholic version of Sharia. Is Malta a secular democracy or a theocracy?
If you're such a good Catholic and divorce is introduced, don't divorce, nobody's forcing you to!
But let others have that right.
Freedom of religion - Ch. 1 art.2 , Constitution of Malta.
Erin Ciantar
Apr 23rd 2009, 22:33
As a proud citizen of SECULAR malta I was always pro-EU for the very reasons being discussed here. It will take time but eventually with the help of Europe we will have the same rights all other European citizens are entiteld too.
Divorce will be introduced, homosexuals will have their rights respected and abortion will eventually arrive too. I look forward to the day Malta finally becomes a true 21st century country where it's citizens can make their own choices without the church or state taking them for them.
If Joe Zammit really thinks that "protocols on abortion annexed to Malta's Accession Treaty" will make a difference all he needs to do is ask the hunters how their agreement with the EU went. Those agreements mean nothing in Europe if it is decided that the rights of the citizens of a country are being flouted.
Joe Zammit
Apr 23rd 2009, 20:16
A protocol on abortion was annexed to Malta's Accession Treaty, giving LEGAL CERTAINTY that EU law, present or future, could not change Maltese law on abortion.
On the other hand a judge normally does not create law but applies it.
Joe Zammit
Apr 23rd 2009, 20:13
The Church recognizes the respective autonomy of both Church and state. Indeed, we may say that the distinction between religion and politics is a specific achievement of Christianity and one of its fundamental historical and cultural contributions.
This distinction, however, does not mean opposition. In fact, the state and religion should support each other as they together serve the personal and social well-being of all.
Joe Zammit
Apr 23rd 2009, 20:00
The great majority of Maltese and Gozitans are Catholic and are against divorce, abortion, euthanasia, same-sex unions and other evils. The great majority are for progress according to the law of God and his Catholic Church. We don't want any EU elected member to vote in favour of any evil condemned by God and his Church.
Catholic Malta first and foremost == Malta Kattolika l-ewwel u qabel kollox
Gerry Cowie
Apr 23rd 2009, 19:27
Look out for those "on the fence" people who call themselves "pro choice" for in adopting this stance they are pro death by more or less turning a blind eye to it.
There are those extremely misguided secularists who claim that abortion is essential in modern society. What else could they stretch to add to the list of what they think should be included.
Beware the secularist culture of death, people of Malta, and do not be fooled by those who have no regard for human life and dress it up as a merely religious issue and a single political party issue, which is surely is not.
Those suggesting the church has not moved on are again throwing another distraction into the ring. The middle ages and crusades etc have passed. The21st century is not an excuse for making things appear alright! Some things cannot change and some will not change.
Beware of those who suggest that human life is not human until emergence from the womb! That's their excuse to kill the unborn by claiming they are not human. This is a pro death!
@Jeffrey Tabone - Pro lifers are for life. It's not their fault people exercise choice!
Dr A Padovani
Apr 23rd 2009, 18:15
@! Robert Attard
I have already put forward solid scientific arguments in another blog to show you how wrong you are. You, or anyone else, failed to come up with one scientific argument to repudiate what I have stated.
There are none so blind as those who will not see!
David Gatt
Apr 23rd 2009, 17:23
@ Joe Zammit. It seems to me that you are arguing that because the catholic church says so then there is no room for argument, and what's more, those who do decide to have an abortion overseas or in the back streets do not deserve consideration. Can I please point out to you that while you are entitled to your beliefs and moral code, you are not entitled to impose them on others who don't share them. "CATHOLIC MALTA" as you put it, simply does not exist. It's SECULAR MALTA my friend.
Joe Zammit
Apr 23rd 2009, 16:50
Par. 2271 of the Catechism of the Catholic Church teaches: "Since the first century the Church has affirmed the moral evil of every procured abortion. This teaching has not changed and remains unchangeable. Direct abortion, that is to say, abortion willed either as an end or a means, is gravely contrary to the moral law:
You shall not kill the embryo by abortion and shall not cause the newborn to perish.
God, the Lord of life, has entrusted to men the noble mission of safeguarding life, and men must carry it out in a manner worthy of themselves. Life must be protected with the utmost care from the moment of conception: abortion and infanticide are abominable crimes.
Joe Zammit
Apr 23rd 2009, 16:36
Whether carried out in Malta or abroad, abortion is always MURDER of an innocent person. Abortion is always a grave sin. The mother has NO MORAL CHOICE to kill her innocent offspring. The only way is to safeguard it warmly. It is her offspring. It is very CRUEL on the part of the mother to want to kill her innocent offspring whether in Malta or abroad. No right exists to kill innocent persons. Killing innocent persons is a great social injustice.
Robert attard
Apr 23rd 2009, 11:39
Pro-lifers always want to depict abortion as some kind of genocidal phenomenon taking place all over the world!
The fact is that anybody wishing to have an abortion could just easily board a plane and do it in some other country, no questions asked! My guess is that after their battle to incorporate anti abortion laws in the constitution (which would be useless following the future adoption of the lisbon treaty) they would also pressuring the government to revoke the passports of all pregnant women.
Pro-lifers claim that life begins at conception but that is not true. Sex cells are also living organisms, shouldn't they also defend their life as well? What about all the chickens and cows we kill everyday? My view on this matter is quite clear. We establish human death when the brain dies so my guess is that we should also establish the birth of an individual as coinciding with the development of a brain. I am not going to defend the rights of some zygotic cells that lack a basic nervous system!!
William P Flynn
Apr 23rd 2009, 11:26
No constitutional amendment will unscramble the omelette of belonging to the EU and the basic human freedoms that represents. Divorce, IVF, abortion, gay rights, euthanasia are all basic human rights and an essential part of the legal apparatus of living in the 21st Century.
All one needs to remember is none of these will ever become COMPULSORY; but only exist for people who need them.
Religious ministers and in particular Catholic priests are the least qualified people to advise in these issues. Their historic record in matters of human relationships, sexuality, science and freedoms is abominable. Secular Europe will never allow religion to run it.
Get over it.
Joe Zammit
Apr 23rd 2009, 11:18
Thank you, Louis, for your enlightening letter. There are legal solutions in case. The Minister for Justice is in a position to explain.
Abortion WILL NEVER BE IMPOSED IN MALTA. Those who think differently are grossly mistaken. Abortion is murder. In Malta, life shall continue to be safeguarded from conception. To think that one day abortion will be legal in Malta is a devilish thought. The devil tries to overcome our good intentions by telling us that if we don't fall today, we fall tomorrow. No, no, no. We don't fall today and we will not fall tomorrow.
If our MPs are against abortion, they should entrench its prohibition in the Constitution. NO ABORTION FOR CATHOLIC MALTA AND GOZO. God is with us and God is infinitely stronger than EU.
Ms P Graham
Apr 23rd 2009, 11:08
Writing it into the constitution will achieve nothing. Women desperate to seek an abortion will do so, probably to the detriment of their health, (death) or seek help in another Country. (n/b I am opposed to abortion but can see both arguments)
Malta will turn its back and ignore the fact that it is going on as they do with many situations where a woman is involved.
Divorce although not "legal" in Malta will also go on, but will come under the guise of "separation" where women who have stayed at home to raise children, their children (his and hers) end up (through no fault of their own: there can be many reasons for divorce: Domestic Violence for one.) depending on social services to exist and who suffers then, from a lack of a maintenance agreement, no home, no income? The wife and the children.
Malta you seriously have to grow up and remove the rose colored spectacles.
George Caruana
Apr 23rd 2009, 10:52
What difference would it make? Having abortion illegal in Malta (or anywhere else for that matter) serves no purpose. Law is a means to an end, and not an end in itself!! Same holds for divorce. What is being achieved with the current laws??
Jeffrey Tabone
Apr 23rd 2009, 09:58
me thinks that people are favouring the pro choice selection is the pro lifers fault. they suggested no demanded that everyone agrees with them, which resulted in others taking an opposite stand.