BIOETHICS AND FUNDAMENTAL RIGHTS: REFUSAL TO BLOOD TRANSFUSIONS BY JEHOVAH'S WITNESSES

Abstract

ABSTRACT: This article seeks to develop a possible solution in relation to the conflict between the right to life and the right to religious freedom, blood transfusion in medical treatments performed on Jehovah's Witnesses patients. Due to religious beliefs some groups refuse to receive blood transfusion, claiming to both their religion to substantiate their decision. Thus, some issues are presented about the hierarchies of constitutional rights, as well as whether some of these rights will prevail over others. Also addressed is the conduct of health professionals dealing with blood transfusion, as well as their code of ethics and discipline in the face of such a situation. Therefore, it is necessary to analyze the rights that are at conflict in a given case and the present legal arguments favourable to or against them, and then check certain specific situations. There are also reasons why patients refuse to be treated with blood and whether this type of treatment is really the only one to guarantee the guardianship of your life. The theoretical basis is used the assumptions of Pedro Lenza (2011), Paulo Nader (2014), José Afonso Silva (2011) and HiagoMotello (2016), among others. Under a qualitative research of an analytical-interpretative nature, it was concluded that the possible solution to the issue would be the method of weighting the principles to the specific case and respect for the dignity of the human person.