Problematic wording of IVF laws changed in 2018
The problematic wording that saw Malta’s IVF rules breach human rights laws was changed years ago when the issue first arose.
Last week, the European Court of Human Rights ruled that a Maltese couple’s human rights had been violated when their request to undergo a second round of fertility treatment was rejected.
At the time of the couple’s second application, Malta’s approved eligibility age range was between 25 and 42. The woman, however, was 43 years old.
The Strasbourg-based court ruled that under Malta’s IVF protocols, eligibility parameters defined the age at which it was “desirable” to undergo treatment. This wording was found to be “inconsistent and therefore lacking the required predictability”.
Asked about the judgment, a spokesman for Health Minister Chris Fearne said the European Court of Human Rights had not found the age limits violated human rights, but rather that the wording was too vague.
The spokesperson said the protocol was updated in 2018 and the word desirable was removed.
Meanwhile, the government is pushing ahead with a rewrite of Malta’s IVF laws and tabled amendments to existing laws during the first session of parliament on Monday afternoon.
These legislative changes, tabled by Health Minister Chris Fearne, are being fast-tracked by Parliament, with the Labor Party pledging to review IVF laws within the first 100 days of government.
Laws will be changed to widen eligibility criteria for taxpayer-funded fertility treatment, with Labor saying it wants to help couples who have suffered miscarriages, those who have ended unsuccessful IVF cycles and couples who have a history of medical complications.
What happened at the Strasbourg court?
the ECHR judgment concerns Natasha and Gilbert Lia. After unsuccessful attempts to have children, they received medical advice to attempt assisted reproduction by in vitro fertilization or IVF.
In September 2014, the couple underwent a procedure known as intracytoplasmic sperm injection at St James Conception Unit at public expense.
Treatment is provided free of charge by the government to subjects who meet the protocol of the Malta Embryo Protection Authority.
However, the processing failed, and although the petitioners requested another round of processing, the authority denied the request.
At the time of the second application, the age range approved by Malta was between 25 and 42 years. The Lias argued that Malta violated Article 8 of the European Convention on Human Rights.
Eventually, they received €8,000 in compensation.
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