Jehovah’s Witnesses and Blood Transfusions: An Analysis of the Legal Protections Afforded to Adults and Children in European/English Human Rights Contexts

Ó Néill, C ORCID: 0000-0001-9856-7598, 2017. Jehovah’s Witnesses and Blood Transfusions: An Analysis of the Legal Protections Afforded to Adults and Children in European/English Human Rights Contexts. European Journal of Health Law. ISSN 0929-0273

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Abstract

This article considers the degree to which the religious beliefs of Jehovah's Witnesses are given consideration in European and English courts. Adults' refusal of blood transfusions, based upon religious belief, is examined within the context of European human rights jurisprudence. A focus is also placed on the position of Jehovah's Witness children who refuse blood transfusions in the specific context of English medical law due to the prevalence of related case law in this jurisdiction. It is argued that the European Court of Human Rights has given appropriate protection to the will-rights of competent adult Jehovah's Witnesses who refuse blood transfusions. The position of children is somewhat different, and it is suggested that the courts should give greater consideration to the rights of competent children to manifest their religious beliefs.

Item Type: Journal article
Publication Title: European Journal of Health Law
Creators: Ó Néill, C.
Publisher: Brill - Nijhoff
Date: 2017
ISSN: 0929-0273
Identifiers:
NumberType
10.1163/15718093-12341417DOI
Divisions: Schools > Nottingham Law School
Depositing User: Linda Sullivan
Date Added: 18 Oct 2016 15:22
Last Modified: 09 Jun 2017 14:07
URI: http://irep.ntu.ac.uk/id/eprint/28878

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