Inclusion Daily Express -- Appeals Court: Guardian Cannot Force Woman's Sterilization

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Appeals Court: Guardian Cannot Force Woman's Sterilization
By Dave Reynolds, Inclusion Daily Express
April 21, 2008

CHICAGO, ILLINOIS--In what is believed to be the first ruling of its kind in Illinois, a state appeals court ruled Friday that a woman with an intellectual disability couldn't be surgically sterilized against her wishes.

The Chicago Tribune reported that the Illinois Appellate Court ruled unanimously that the 29-year-old woman's guardian, who is also her aunt, could not order a tubal ligation for her niece, known only as "K.E.J." in court papers.

The three-judge panel said that tubal ligation was "a particularly drastic means" of preventing pregnancy when other birth control methods are available.

K.E.J. was represented by the Equip for Equality, the state's protection and advocacy system.

Related:
"Court denies bid to sterilize mentally disabled woman" (Chicago Tribune)

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