European Parliament Demands Malta and Poland Decriminalize Abortion Amid Rights Crisis

European Parliament Demands Malta and Poland Decriminalize Abortion Amid Rights Crisis

On April 11, 2024, the European Parliament voted overwhelmingly to demand that Malta and Poland fully decriminalize abortion—aligning their laws with World Health Organization guidelines. The resolution, passed by 387 votes to 167, didn’t just urge change. It demanded that access to abortion be enshrined in the EU Charter of Fundamental Rights, turning a long-standing advocacy effort into a concrete political target. For women in these two countries, this isn’t abstract policy. It’s a matter of life, dignity, and survival.

When the Law Forces Women to Flee

In Malta, abortion is illegal in nearly every circumstance—except when the mother’s life is in immediate danger. Even then, three specialists must agree. The 2022 case of Andrea Prudente, a 16-year-old girl who suffered a miscarriage while on vacation in Valletta, exposed the human cost. She bled for hours while Maltese hospitals refused to intervene, citing legal ambiguity. Only after being airlifted to Spain did she receive care. Her story wasn’t an anomaly. It was a pattern. Maltese lawmakers briefly eased restrictions in 2023 to allow abortions if the mother’s health was at risk—but then reversed course, tightening the language to require a near-certain risk of death. That’s not medicine. It’s moral arbitration.

In Poland, the situation is equally dire. A 2020 ruling by the Constitutional Tribunal banned abortions in cases of severe fetal abnormalities, effectively eliminating 98% of legal procedures. Women were suddenly forced to travel to Germany, the Netherlands, or even the UK. The European Court of Human Rights later ruled that Poland had violated the rights of a woman who was denied a legal abortion after her fetus was diagnosed with a fatal condition. Yet, despite the ruling, the government dragged its feet. Even today, doctors often refuse care under the guise of “conscientious objection.”

Poland’s Political Shift—And the Fight Within

The October 2023 parliamentary elections changed the game. After eight years of hardline rule by the Law and Justice (PiS) party, a new coalition led by Prime Minister Donald Tusk took power. Tusk, a veteran liberal, promised to make abortion “free, safe, and legal.” And he’s moving fast. By early 2024, four bills aimed at reforming abortion law passed their first reading in the Sejm. One, from the United Left, sought to decriminalize helping someone get an abortion. It failed—by three votes. Another, backed by Tusk’s Civic Platform, would allow abortion up to 12 weeks. A third, from the centrist Third Way alliance, proposes a compromise: abortion up to 12 weeks, with mandatory counseling.

But here’s the twist: even when abortion is technically legal, women still can’t get it. In 2024, the Polish Ministry of Health issued a regulation: hospitals receiving public funding must provide abortions in legally permitted cases—or face fines up to 2% of their contract with the National Health Fund (NFZ). Some clinics complied. Others didn’t. By early 2025, only about 750 legal abortions were recorded nationwide. Many women reported being screamed at, delayed, or given false information. One woman in Kraków waited 11 days for a referral, only to be told the hospital had “no capacity.”

Malta’s Isolation and the EU’s Growing Pressure

Malta’s Isolation and the EU’s Growing Pressure

Malta stands alone—not just in Europe, but globally—as one of the few nations with no abortion exception for rape, incest, or fatal fetal anomalies. The European Abortion Policy Atlas 2025 ranks Malta and Poland at the very bottom, alongside Andorra. The European Parliament has condemned this repeatedly since 2021. But Malta’s government remains defiant, citing “the sanctity of life.”

Yet behind closed doors, pressure is mounting. The European Commission is now considering a voluntary EU-wide fund to cover travel costs for women from Malta and Poland seeking abortions elsewhere in the bloc. That’s not hypothetical—it’s being drafted. And it’s being fueled by something unprecedented: over 1.1 million verified signatures collected by the pan-European campaign My Voice, My Choice. That’s more than the minimum required to trigger an official EU citizens’ initiative. The Commission has already acknowledged it.

Why This Matters Beyond Borders

Twelve EU countries still impose mandatory waiting periods—three days in Germany, seven in others. Some require counseling designed to dissuade. Others let doctors refuse care without providing alternatives. The European Parliament resolution explicitly condemned these barriers. But it’s not just about laws. It’s about culture. In Poland, anti-abortion groups still organize “prayer chains” outside clinics. In Malta, the Catholic Church holds sway over public life. The resolution doesn’t just call for legal change—it demands a cultural reckoning.

What’s clear now is this: the EU can’t remain silent while women in its own member states are forced to risk their lives or flee their countries for basic healthcare. The resolution may be non-binding, but its political weight is enormous. It signals that reproductive rights are no longer a fringe issue. They’re a core EU value. And if Malta and Poland refuse to change, the EU may soon have to act—through funding, sanctions, or even treaty revisions.

What Comes Next?

What Comes Next?

The next major milestone comes in late 2025, when the European Commission is expected to formally propose the travel fund. If approved, it could become operational by 2026. Meanwhile, Poland’s parliamentary debate continues. The Tusk coalition has vowed to bring its 12-week bill back for a second reading by autumn. In Malta, activists are preparing a referendum campaign—something the government has so far blocked. And across the bloc, women are sharing stories they once kept silent. One woman from Warsaw wrote: “I didn’t know I had a right to choose. Now I know I’m not alone.”

Frequently Asked Questions

How does the EU resolution affect women in Malta and Poland right now?

The resolution doesn’t change national laws, but it puts immense political pressure on both governments. It signals that the EU will no longer tolerate violations of reproductive rights and may link future funding or treaty negotiations to compliance. Women still face legal barriers, but the resolution strengthens their case in court and empowers local activists. It also opens the door for the EU travel fund, which could soon cover costs for women traveling abroad.

Why is the EU involved in abortion policy, which is a national issue?

The EU argues that when women are forced to cross borders for healthcare due to restrictive laws, it affects the free movement rights guaranteed under EU treaties. Denying abortion access in one country creates unequal health outcomes across the bloc. The European Parliament sees reproductive rights as fundamental human rights—and under the Charter of Fundamental Rights, the EU has a duty to protect them uniformly.

What’s the difference between the Polish and Maltese abortion bans?

Poland allows abortion in cases of rape, incest, or when the woman’s life or health is at risk—though enforcement is poor. Malta permits it only if the mother’s life is in immediate danger, with no exceptions for rape, fetal anomalies, or health complications. Poland’s ban stems from a 2020 court ruling; Malta’s is rooted in constitutional law and Catholic doctrine. Both are among the strictest in Europe, but Malta’s is more absolute.

What role does conscientious objection play in blocking access?

In Poland, up to 80% of gynecologists cite conscientious objection, meaning they refuse to perform legal abortions—even when required by law. In Malta, where only a handful of hospitals offer obstetric care, refusal effectively means no access. The European Parliament condemned this practice in its resolution, noting it violates the right to timely care. Some countries, like Ireland, require objecting doctors to refer patients—Poland and Malta do not.

How did My Voice, My Choice influence this decision?

The campaign collected 1.1 million verified signatures across all 27 EU states—surpassing the 1 million threshold required to trigger a formal EU citizens’ initiative. This forced the European Commission to publicly respond and begin drafting the travel fund proposal. It gave political cover to MEPs who had long pushed for change, showing that millions of Europeans support reproductive rights as a unified cause.

Will the EU punish Malta and Poland if they don’t comply?

There’s no direct penalty, but the EU could withhold funding from projects in those countries that violate fundamental rights. It could also block future treaty changes unless abortion rights are included. More likely, it will use the travel fund as leverage: if a country refuses to reform, its citizens will still get EU-funded support to travel abroad—making the status quo politically unsustainable.