The Right To Say No: Jehovah's Witness Adolescents between a Bio-Ethical Dilemma and a Legal Conundrum

Imagine a scenario where a adolescent (14-17) is sick and his condition
strongly require a certain medical operation, however the procedure goes
against the patient's will. What of the views should prevail?
In law, if not ethically, competence to make autonomous decision about
one's own body has been considered as a function of age. If this adolescent
were a competent adult, his wishes would be crucial on procedural grounds: a
competent adult has the right to accept/refuse all treatments, including lifesaving
treatments. However, because this adolescent is a minor, determining
who is the appropriate decision-maker is a more complex matter. In fact, while
the difference between a 5 months old baby and a 16 years old boy is selfevident,
the same cannot be said when confronting someone of 18 years-anda-
day with someone of 17 years-and-364 days.
In the healthcare context adolescent's decision-making competence has
been a subject of study both from a theoretical and a legal practical point of
view. This paper frames adolescents as rights holders in between a right to
protection and a right to self-determination. Although a full consensus is
missing, there is a legal and bio-ethical perspective that considers adolescents
as individuals with potential competence, rather than viewing them simply as
incompetent children/minors.
This paper choose to deal with this ethical and legal dilemma by focusing
on the assessment of the extent to which the general principles of law
recognize an adolescent's capacity to consent to and refuse medical treatment
in the UK; then, by considering the application of the general principles in the
specific court cases concerning Jehovah's Witness adolescents. Jehovah's
Witnesses are a religious group that refuse blood transfusion on the basis of
religious beliefs. However, protecting the right to express and live a religious
identity clashes with the duty and responsibility to protect minors from abuse
and neglect since blood transfusions remain a potentially life-saving treatment.
The study will focus on the question whether these teenagers have the
possibility to refuse life-saving treatments on the base of specific religious
beliefs.
It will be shown how children who are capable of forming their own
autonomous views, based on good information and a certain level of maturity,
may have a legitimate right to see those views respected. However, this may
not be the approach that English courts followed when competent children
were concerned. In fact, in the context of refusal of medical treatments,
respect for autonomy and decision-making capacity tend to be trampled by the
idea that children should receive the medical treatments if highly
recommended, even if the child is strongly against such treatments and even if
his/her wishes are based on potentially serious reasons such as religious beliefs.
Although the courts' intent is noble, the English current approach does not
give the due importance to the adolescent's right to self-determination and
autonomy, sustained by a part of the academic world and guaranteed by both
international and domestic legal standards.

Topic: Ethics and Legal Issues in Pediatric Healthcare
Subfield: Pediatrics, Perinatology and Child Health
Field: Medicine
Domain: Health Sciences