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Reproductive freedom is a right to female citizens and basic human rights.At any time, no one has the right to deprive her of human rights given by law from birth.
But in today’s case, there are two poor girls, just because the welfare institute is afraid of their accidental pregnancy, and to bear a lot of care responsibilities, we will remove their uterus without authorization.
It was a cold winter. Nantong Children’s Welfare Institute adopted two poor baby girls abandoned by their biological parents. The welfare home named them named Lanlan and Linlin, respectively.
That year, they had their own names, and finally had a warm home, and their families who could protect them.
After diagnosis of doctors, they found that both girls were severe dementia and severe mental disorders, and their intelligence could only stay in the intelligence of two -year -old children.
As a result, they cannot take care of themselves at all, and they are inseparable from others. This may be the main reason why they are relentlessly abandoned by their biological parents.
Fortunately, the staff of the welfare institute arranged professional nursing staff every day to take care of.Two little girls were taken care of well.
The day is so safe in the day.Although the intellectual condition has severely stagnated, their physical development is no different from ordinary people.
Slowly, as the two little girls grew up, they also showed signs of adolescence.In 2003, the 12 -year -old Lan Lan came to menstruation. In 2005, the 13 -year -old Linlin came to menstruation.
Originally taking care of the child with intellectual disabilities is one of the work difficulties in the welfare home. Now the two girls have come to menstruation again. In addition, there is not enough manpower, which undoubtedly increases the workload of the original nursing staff and has led to the constant complaints of nursing staff.
The two girls who were not in the world could not understand what was called "holiday".The pain of menstrual periods made them miserable.
In severe cases, the abdomen will constantly tap the abdomen to relieve the pain. In addition, the menstrual period is unstable, and the two girls accidentally hurt the caregiver.
Cleaning menstruation is also a problem.Girls who have no ability to take care of themselves have no confidence in the sanitary pads on the nursing staff.
The menstrual blood that often flows out of pants and beds are everywhere, so that the nursing staff who take care of them are miserable and complaining.Finally, the nursing staff reflected the situation to Chen Mouyan, deputy dean of the welfare institute.
Dean Chen, who knows this situation, can only help the negative emotions of the nursing staff each time, but the time is more than one time, and Dean Chen gradually feels that this is not a long -term plan.
In addition, Dean Chen, who is also a woman, also knows the pain that the dysmenorrhea brings to the female body, and the girl’s menstrual representative has the basic reproductive ability of women.
Considering that there are many men and women in the welfare home, it is impossible to send a special person to follow these two girls for 24 hours. In case they are "bullied" by accident, this responsibility welfare institute cannot afford it.
After repeated weighing, regardless of publicity, Chen Mouyan finally made up his mind — to remove the uterus of the two girls privately, once and for all!
Just do it.Chen Mouyan first reported this to the dean Liao Mourong and took the opportunity to say his consideration.
Considering the negative impact of "in case the mentally handicapped girl is pregnant in the welfare home", to prevent hidden danger, the dean Liao Mourong finally agreed with the proposal to remove the girl’s house.
Under the authorization of Dean Liao, Chen Mouyan let go of his hands and feet, and even even more scruples to implement this matter.Chen Mouyan immediately contacted Su Mouhua, an obstetrics and gynecologist at Nantong University Affiliated Hospital.
Girlfriends have something to do with each other.Su Mouhua heard the request of his girlfriend, and agreed without saying a word.Relying on the connections in the hospital for many years, Su Mouhua collected the business backbones of the department.
Su Mouhua also found Wang Mouyi, who is known as a gynecological "fast knife" in the hospital. This medical leaders have performed tens of thousands of gynecological surgery, and the whole uterine resection surgery has refreshing for only 25 minutes."Hehe’s record".
At the pre -operation meeting, Chen Mouyan said to the doctor Wang Mouyi: "These two little girls are pitiful, and they have been low intelligence since childhood. They were relentlessly abandoned by their parents to our welfare home.
Now that I have grown up, I have a holiday, and I can’t stand my waist every month.Anyway, they don’t need to have children, and now they have removed their uterus, which is a good thing for them."
Wang Mouyi, deputy chief physician of obstetrics and gynecology, nodded. In the end, he agreed with Chen Mouyan’s persuasion.
Soon, Lanlan and Linlin were brought to the hospital by Chen Mouyan.Facing the strange environment, the two little girls were timid, lowered her head and pulled Chen Mouyan’s corner to hide behind her, watching everything around.Because of fear, the two children started to cry.
"Don’t be afraid, just sleep." Chen Mouyan coaxed Lan Lan and Linlin for them.Speaking, he signed the consent of the surgery in the name of the guardian.
Lan Lan and Linlin were pushed into the operating room in this way. After more than twenty minutes, she completed the full -cut surgery of the uterus. The operation was successful and everything went smoothly.
Looking at the two children who were still sleeping because of anesthesia, Chen Mouyan was very satisfied. Originally, a few people thought that they had done a "good thing". The matter was over and could not worry about it.
Unexpectedly, the General Office of the China Disabled Persons ‘Federation issued a "Letter about the Case of Harmony with the Harma Girls of the Nantong Welfare Institute of Welfare Institute" to the Jiangsu Provincial Disabled Persons’ Federation. "
This letter issued after 14 days is directly characterized by "a vicious incident that seriously hurts the disabled."
The letter of Disabled Persons clearly states that in the procedures of not being submitted, the welfare institute is a serious violation of the law to the disabled person’s self -disabled person as a guardian.
The responsible persons and parties should be punished in accordance with the law and severely punished the incidents to safeguard the legitimate rights and interests of children with disabilities.And Chen Mouyan and his party called himself.They believe that the two girls belong to severe intellectual disability.
It has lost the marriage power and their own marriage power. The decision to remove the uterus is also a "good thing" to prevent girls from "accidentally" pregnancy. It is also a "good thing."
The two parties held their own words, and in the end the incident had been filed by the public security organs.
1. In the welfare institute, because of fear of reducing the risk of accidental pregnancy, whether it is illegal to remove dementia girls’ palace privately, does it involve the fertility of the two girls?Does it constitute the crime of intentional injury?
The right to fertility is any citizen, regardless of poverty and richness, no matter health or disability, it is a personality right that everyone enjoys an equal person.
In our country, the marriage power in the Civil Code is adhering to the voluntary principle of both parties.Whether it is a mental patient or a disabled person with low intelligence, as long as the prerequisites that both sides know and agree, they can conclude marriage.
The enjoyment of marriage power, as long as it meets the principle of eugenics and good health, has a certain degree of fertility.
In this case, although the two girls are inherently low intelligence, they should also have basic human rights protection. No one can violate their wishes and deprive their rights privately.
And as long as it is surgery, it must mean risk, to a certain extent, it will seriously damage the health of the two girls.
It has never started from the "Law of the Disabled Persons" or the "Protection Law of the Minor". Any banner for them to seriously hurt their physical behavior.
Article 234 of the Criminal Law of the People’s Republic of China stipulates that if it intentionally hurts others, it will be sentenced to imprisonment, detention or control of less than three years.
If the crime of committing the previous paragraph is seriously injured, it will be sentenced to imprisonment of less than three years and less than ten years; if the death of a person or serious injuries will cause severe disability, it will be sentenced to more than ten years in prison, life imprisonment or death sentence.
After the forensic identification of the Nantong Public Security Bureau, the Nantong Intermediate People’s Court, and the Nantong Municipal People’s Procuratorate, the two girls involved were removed and were seriously injured.
As a result, the court ruled that the above four suspects Chen, Miao, Wang, and Su Mou constituted intentional injury and belonged to common crimes.
At the same time, as the guardian of the two girls, the welfare home should become a solid wings of the girl, covering up the storm, firmly protecting their interests, and not just avoiding the selfish considerations of responsibility and easy management.The transformation of the "victim".
Therefore, how to strengthen the supervision of the responsibilities of the welfare institution to avoid the same tragedy again, it is worthy of attracting the attention and thinking of our relevant departments and society.
2. What are the sentencing standards from light punishment?
Article 67 of the Criminal Law of the People’s Republic of China stipulates that the case is automatically voted after the crime, and those who truthfully confess their crimes are surrendered.For surrender criminals, punishment can be lighter or reduced.Where crimes are relatively minor may be exempted from punishment.
Since the defendants took the initiative to report the matter to the relevant units after surgery. When the public security was summoned, confessed to the facts of the case and conforming to the surrender of the circumstances, so they could punish them lightly.
At the same time, although they deliberately hurt the psychology of the two dull girls, the subjective malignant is less, not simply performing the operation just to hurt them, and the crime plot is average, so the court ruled that they could punish them lightly.
