VALLETTA (MALTA) (ITALPRESS/MNA) – A Maltese court has rejected claims that the country’s abortion laws are unconstitutional in a case brought by American woman Andrea Prudente, ruling that none of her fundamental rights had been breached.

In her judgment, Judge Miriam Hayman dismissed Prudente’s constitutional challenge and ordered her to pay legal costs. The judge also said Prudente had been “used” by pro-choice campaigners seeking broader legal reforms, although she stressed this did not influence the court’s decision.

Prudente filed the case after doctors at Mater Dei Hospital refused to terminate her non-viable pregnancy during a holiday in Malta in June 2022.

She was transferred by air ambulance to Mallorca, Spain, where the pregnancy was terminated after local doctors deemed the procedure necessary.

Prudente argued that Malta’s abortion ban violated her rights under the Constitution and the European Convention on Human Rights, including the rights to life, private and family life, protection from inhuman treatment and freedom from discrimination.

The State Advocate maintained that the medical care provided was appropriate, Prudente’s life was never in danger and that she was aware of Malta’s abortion laws before travelling.

Judge Hayman ruled that Prudente received “medical attention and cure par excellence,” adding that while the pregnancy had a low chance of survival, it was not impossible.

She also found no evidence that Prudente’s life was at risk had she remained in Malta and concluded that none of the rights cited in the application had been violated.

The judgment also upheld the validity of Articles 241 and 243 of the Criminal Code, despite the introduction of limited exceptions under Article 243B in 2023 for cases where a woman’s life is in grave danger.

Prudente’s case sparked a nationwide debate and contributed to discussions that led to the 2023 amendments to Malta’s abortion laws.

-Photo IPA Agency-
(ITALPRESS).

Source: medNews