Valletta - In a legal wrangle reminiscent of Ireland's two cases involving teenage girls, a Maltese court has granted a temporary injunction against a pregnant woman preventing her from leaving the jurisdiction on the basis that she had allegedly stated she was unwilling to proceed with the pregnancy.
The case, believed to be the first of its kind, was taken by the man claiming to be the father of the child, although his legal representative admits that paternity has yet to be confirmed. It is thought that the pregnant woman was not informed of the attempt to have an injunction taken out against her as she was neither present nor represented at the hearing.
While authorities at ports and airports on the small island nation south of Sicily were immediately informed of the injunction, it was not clear yesterday whether the papers had yet been served. Although abortion is illegal under Maltese criminal law, the case was taken to the civil courts as the Maltese civil code allows a "curator" to be appointed to protect the rights of the foetus. The man claiming paternity was successful in his attempt to be appointed curator.
Legal sources say that a constitutional question will inevitably arise if the woman claims her right to travel, granted under the 1964 constitution, is curtailed. Maltese women have in the past travelled to either Italy or Britain for abortions.