ABSTRACT
This chapter aims to situate the problems that arise when adults refuse blood transfusions within the context of theological positioning, English case law, Strasbourg jurisprudence, and the Principle of Generic Consistency. It considers how English law and Strasbourg jurisprudence have dealt with the issue of a patient refusing a potentially life-giving blood transfusion, based on religious belief. The right to refuse medical treatment is, thus, enshrined in the spirit and practice of medical law. The law has treated cases involving Jehovah’s Witness adults and their refusal to take blood transfusions with some degree of consistency. Jehovah’s Witnesses are a millenarian restorationist Christian religious denomination whose believers strictly adhere to their interpretation of the Bible, as well as their belief in Armageddon/the end of the world. In summary, notwithstanding some softening of intransigent positions, for many Jehovah’s Witnesses the refusal to accept blood transfusions is an important tenet of their faith and has consequential implications for their healthcare needs.
