Informed Consent vs. Refusal of Treatment from a Legal Perspective: Spain and the Case of Adult Jehovah’s Witnesses

The principal objective of this paper is to analyse the treatment that Spanish law gives to the refusal to receive blood transfusions on religious grounds, with special reference to the case of Jehovah’s Witnesses. The aim is to determine how different fundamental rights are reconciled with other constitutionally protected legal rights. To this end, the position of patient autonomy, informed consent, the right to refuse treatment, and advance directives will be examined. Following this analysis, there are suggestions which aim to achieve an appropriate balance between these conflicting rights. In summary, this study seeks to establish a framework of legal and ethical protection for cases when patient autonomy and the duty to protect life come into conflict.