On the Particularity Inherent to Blood Transfusion Cases in Jehovah’s Witnesses:

a study on the collision of fundamental rights

Abstract

Jehovah’s Witnesses are, for their belief, motivated to proceed with the refusal of hemotransfusion when necessary, since the ordinances of the Bible, in their view, are clear as to the proper abstention from such a practice. Therefore, going through the interpretations and questions that comprise the entire discussion of the theme, and taking into account the dualism that exists between dignified life and bio-logical life, this study analyzes the legal nature of the rights involved and their necessary consideration , also observing the factual circumstances surrounding specific cases. Thus one seeks to understand what the constitutionally adequate arguments would be to justify and resolve the impasse, which originates when this collision of fundamental rights takes place.