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July 12, 2012

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Forced abortion woman settles for 70,000 yuan

A YOUNG Chinese woman forced to have a late abortion has reached an out-of-court settlement in which she will be paid around 70,000 yuan (US$11,000) compensation, officials said yesterday.

Feng Jianmei and her husband, Deng Jiyuan, signed an agreement with the township government of Zengjia in Zhenping County in northwest China's Shaanxi Province on Tuesday to close the case, an official with the county government said.

Beijing-based lawyer Zhang Kai, who represented the couple, said they had dropped a lawsuit seeking state compensation after the signing of the agreement.

"The signing of the agreement means neither party should raise any questions related to the issue again," said the county official, who declined to be named. "The money has been paid."

On Monday, after visiting his sick mother in eastern city of Nanjing, Deng said the family was seeking an out-of-court settlement.

"Private settlement is not by any means a bad way of solving this case. I wish the family well," the couple's lawyer said.

The Zengjia township government will also provide necessary support should the couple encounter future difficulties in their life and at work, the official said.

The government will also provide assistance for the medical treatment of Deng's mother.

On June 2, Feng, 22, was forced to abort her baby seven months into her pregnancy after the family refused to pay the 40,000 yuan demanded by local family planning officials as a guarantee of clearing the way to allow her to have a second child legally.

Like most urban residents in China, Feng is not entitled to have more than one child.

The crude enforcement of the one-child policy sparked public debate about the regulation. A government investigation found that the fee charged by the local officials was illegal, adding that the officials violated a ban stipulated in national and provincial family planning rules by forcing Feng to undergo a late-term abortion.

Top officials fired

On June 26, two officials - Zhenping's family planning chief and a top township official - were fired over their role in the forced abortion, while four other officials and a hospital president received "disciplinary punishment."

"Although the family dropped the civil lawsuit, local prosecutors can still bring criminal charges against the officials involved," Zhang said. "It is a crime to force a woman to abort seven months into her pregnancy."

China's family planning policies, introduced in the 1970s to curb a population surge, limit most urban couples - unless they are only children themselves - to having only one child. However, in many provinces, rural couples can have a second child if their first is a girl.

Reports in recent years of the violent enforcement of family planning policies, especially forced abortions, have caused widespread anger. In Feng's case, a graphic picture of her aborted fetus lying next to her in a hospital bed triggered a national outcry.

Prompted by reports of similar cases, the National Population and Family Planning Commission is sending 10 teams to 19 provinces, cities and counties to curb misconduct in family planning law enforcement.

"No law enforcement raids will be allowed and there should be a system in place to prevent violent enforcement," said Wang Xia, head of the commission.

She said family planning concerns people's most immediate interests and minor errors can result in severe consequences. Wang asked the teams to listen to complaints and help work out solutions to any problems.



 

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