国民110年10月29号
The High Chamber of the Censorate Court
XINJING - The High Chamber of the Censorate Court today handed down a final verdict that Longhua Medical Clinic is not liable for damages to Family X after the family's under-age daughter received an abortion at the clinic without her parents' permission, decisively ending the family's six-month battle for restitution.
The unanimous ruling stated that Ms. X's decision to pursue an abortion was permitted under the 1971 Parental Medical Discretion Act, which explicitly allows minors to pursue "regenerable medical procedures" without their parents' permission, and affirms that an abortion is such a procedure. Family X has been pursuing damages against Longhua Clinic since May, alleging that abortion is prohibited by their Catholic religion and should not be considered a regenerable procedure.
The family initially attempted to sue the clinic itself for damages, but the clinic was found not liable by the Xinjing Provincial Court. The family then went to the Provincial Censorate for appeal, but the clinic was again found not liable. The family's journey has ultimately led them to the High Chamber of the Censorate, but there, too, they did not find what they were seeking.
The 1971 Parental Medical Discretion Law permits parents to exercise judgement over whether their children should certain medical treatments, and was passed at the behest of Aurinsula's Islamic community to permit licensed doctors to perform circumcisions. The relevant provisions of the law were promulgated in 1983, when members of the Taijifo Religious Movement lobbied the government to allow them to deny their child a blood transfusion. The High Chamber of the National Court ruled that the religious or personal beliefs of a minor child's parents could not be used as grounds to deny the child access to what they called 'a regenarable medical treatment,' meaning that it would repair or restore the body to its natural state, or would return to such over time.
Mr. X, speaking to the Xinjing Times under conditions of anonymity, made the following comment: "I think this is a complete miscarriage of justice. An abortion is not regenerable treatment, it is the murder of an unborn child, and it was unjust of the doctors to perform this prodecure on my grandchild without even notifying me. The government has done a grievous thing today."
The High Chamber of the Censorate Court had no comment, and a spokesperson for the aforesaid directed all inquiries to their official opinion after the fact.