Mexican Supreme Court rules the state should dictate the measures to protect the health of minors, even when parents are against it

Mexican authorities ruled in favor of a blood transfusion to a child with cancer. Her parents, Jehovah Witnesses, opposed it

Mexico City, August 16 2018

The Supreme Court of Mexico has ruled that the state should dictate the needed measures to protect the health of a minor, even when the parents refuse to accept the treatment.

Minister Arturo Zaldivar proposed this measure after being made aware of the case of a 6 year old girl, suffering from Leukemia, was denied treatment by her parents. After careful consideration the Supreme Court has ordered a blood transfusion to the girl in order to save her life. Her parents, indigenous Jehovah Witnesses, refused to accept the treatment.

In April 2017, Saraí, a 6 year old girl, was diagnosed with Lymphoblastic Leukemia, a disease treated with chemotherapy and blood transfusion. Her mother however, opposed the treatment arguing the exercise of her religious liberty, which prohibits blood transfusions. The DIF of the state of Chihuahua, a government organization dedicated to the protection of children, was informed of the case by a social worker of the hospital, and decided to take authority over her case. The instance rapidly authorized the transfusions.

The mother allegated this was discriminatory. She argued the DIF didn’t have the right to decide over her children, and that they were discriminating her for being a native american and due to her religion. A local jury granted her suspension to the treatment, signaling discriminatory measures by the DIF. After this, the DIF informed Minister Arturo Zaldívar of the case and he presented it to the Supreme Court of Justice.

Finally, more than a year after the girl was originally diagnosed, the Supreme Court ruled in favor of the transfusion. In a public statement the Supreme Court released it was mentioned that “Even though it’s true parent have the right to decide over their children, in the health and religious fields this right has the limit of not putting at risk the health and life of their children”.

This ruling is a big step forward in regards to children rights, and will have larger implication in many cases across the country. With this president, parents refusing to vaccinate their children will now be pressed to do it.

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