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Right to self-determination and religious freedom: acceptance of the laparotomy by the Jehovah's Witness does not imply acceptance of blood transfusion

  • 11/01/2021

The Supreme Court of Cassation, with decision of 23 December 2020, n. 29469 returned to pronounce on self-determination and religious freedom. In particular, the Jehovah's Witness who asserts the right of self-determination in the field of medical treatment to protect the freedom to profess their religious faith has the right to refuse blood transfusion even with a declaration made before medical treatment. The acceptance of the exploratory laparotomy surgery also implies the acceptance of the blood transfusion. The advance declaration of dissent to blood transfusion, which may be required by any hemorrhage caused by medical treatment, cannot therefore be neutralized by the consent given to the latter.

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