Jehovah's Witness blood policy

Abstract

R M Yate and colleagues1Yate RM Milling MAP McFadzean W Treatment without consent.Lancet. 2000; 356: 69Summary Full Text Full Text PDF PubMed Google Scholar are wrong to suggest that the courts in the UK have power to over-ride the wishes of adults who have led a sheltered life. The High Court has such power only over children. This power is derived from the State's parens patriae role—ie, the State acting as parent. In situations where a competent minor refuses treatment, the courts can over-ride that decision. But the State has no comparable power over adults—even incompetent adults. This was recognised by the House of Lords in the adult sterilisation case of Re F in 1990.2Re F (Mental Patient: Sterilisation [1990]) AC 1.Google Scholar As for competent adults, their right to refuse treatment for reasons that are rational or irrational, or for no reason, is settled law.3Sidaway v Bethlem Royal Hospital [1985] AC 871.Google Scholar, 4St Georges' Healthcare NHS Trust v F [1999] Fam 26.Google Scholar If adults lack capacity, they may be treated in their best interests. It is, however, wrong to suggest that someone who has led a cloistered existence lacks capacity as a result.The Human Rights Act 1998 comes into force on Oct 2, 2000, and incorporates the European Convention on Human Rights into English law. This may result in the State's parens patriae power over minors being curtailed. Competent minors wishing to refuse treatment can then involve the protection of Articles 5, 8, and 9 of the Convention (right to liberty and security of person; right to respect for private and family life; freedom of thought and conscience). These Articles would also protect adults wishing to refuse unwanted treatment. R M Yate and colleagues1Yate RM Milling MAP McFadzean W Treatment without consent.Lancet. 2000; 356: 69Summary Full Text Full Text PDF PubMed Google Scholar are wrong to suggest that the courts in the UK have power to over-ride the wishes of adults who have led a sheltered life. The High Court has such power only over children. This power is derived from the State's parens patriae role—ie, the State acting as parent. In situations where a competent minor refuses treatment, the courts can over-ride that decision. But the State has no comparable power over adults—even incompetent adults. This was recognised by the House of Lords in the adult sterilisation case of Re F in 1990.2Re F (Mental Patient: Sterilisation [1990]) AC 1.Google Scholar As for competent adults, their right to refuse treatment for reasons that are rational or irrational, or for no reason, is settled law.3Sidaway v Bethlem Royal Hospital [1985] AC 871.Google Scholar, 4St Georges' Healthcare NHS Trust v F [1999] Fam 26.Google Scholar If adults lack capacity, they may be treated in their best interests. It is, however, wrong to suggest that someone who has led a cloistered existence lacks capacity as a result. The Human Rights Act 1998 comes into force on Oct 2, 2000, and incorporates the European Convention on Human Rights into English law. This may result in the State's parens patriae power over minors being curtailed. Competent minors wishing to refuse treatment can then involve the protection of Articles 5, 8, and 9 of the Convention (right to liberty and security of person; right to respect for private and family life; freedom of thought and conscience). These Articles would also protect adults wishing to refuse unwanted treatment.