I agree that we do live in a democratic world and people do have the right to choose treatment for themselves. However, when an individual is one of Jehovah's Witnesses, they DO NOT HAVE THE RIGHT TO CHOOSE TO RECEIVE A BLOOD TRANSFUSION OF ONE OF THE FOUR PRIMARY COMPONENTS WITHOUT LIVE CHANGING RAMIFICATIONS FROM THE RELIGION.
The JW Public Affairs Office issued a Statement to the Media on 14th June 2000, it states "If a baptized member of the faith wilfully and without regret accepts blood transfusions he indicates by his own actions that he no longer wishes to be one of Jehovah's Witnesses. The individual revokes his own membership by his own actions, rather than the congregation initiating the step. This represents a procedural change insitituted in April 2000 in which the congregation no longer initiates the action to revoke membership in such cases. However, the end result is the same, the individual is no longer viewed as one of Jehovah's Witnesses because he no longer accepts and follows a core tenet of the faith."
That statement was issued following the case that went to the European Court of Human Rights (Application no 28626/95 "Christian Association Jehovah's Witnesses v Bulgaria). The applicant (WT Society) "undertook with regard to its stance on blood transfusions to draft a statement for inclusion in its statute providing that members should have free choice in the matter for themselves and their children, without any control or sanction on the part of the association".
That effectively meant that they could no longer DISFELLOWSHIP an individual for accepting a blood transfusion. But the WT Society publicly announced that if an individual accepted a blood transfusion, he would "revoke his own membership by his own actions, rather than the congregation initiating the step". So the end result is the same. The individual would be shunned, cut off from the congregation, from family, from friends.
The Watchtower Society lied to the European Court of Human Rights because THERE IS NO FREE CHOICE IN THE MATTER, THERE ARE CONTROLS AND SANCTIONS. Hypocrites!
Any Jehovah's Witness from the age of 10 and upwards would understand the ramifications of accepting a blood transfusion. They would be cut off from the congregation, if they are not a minor then they may lose their family, home and friends. The pressure to REFUSE a blood transfusion because of such threats would be strong.
In this situation any decision made by a patient would not be made without fear of such ramifications.
Medical staff would have to get the consent of any adult and "older child" before the procedure is carried out.
The following is an interesting point based on Case Law (UK Mental Health Act 1983) which highlights were "consent given by a child" for refusal or treatment may not accurately reflect the INDIVIDUALS TRUE WISHES:
Section 55 (Part IV of the MHA 83) 1-629
(4) For a child to be able to give informed consent, they have to be deemed to be "Gillick competent" - if the treating doctor concludes that the child has reached an age where she has sufficient understanding and intelligence to enable her to understand fully what is proposed and to be capable of making up her mind on the matter. The child must be able to understand the nature of the proposed treatment, its side effects and the consequences of not receiving it. IT is therefore possible for a child to be found to be competent to make a decision in respect of a treatment that may have minor consequences, but not to be competent to make a decision in respect of a treatment that may have major consequences.
(5) The clinician needs to consider whether the decision is really that of the child. "The real question in each case is. "Does the patient really mean what he says or is he merely saying it for a quiet life, to satisfy someone else or because the advice and persuasion to which he has been subjected is such that he can no longer think and decide for himself?" IN other words, "is it a decision expressed in form only ,not in reality?" (per Lord Donaldson M.R in Re T (Adult: Refusal of Medical Treatment) 1992 All ER 649,662. His Lordship further stated that when considering the effect of outside influences, two aspects can be of "crucial importance". The are "the strenght of will of the patient" and the "relationship of the 'persuader' to the patient". With regard to the latter his Lordship said that the "influence of parents on their children can be, but is by no means necessarily, much stronger than would be the case in other relationships".
(9) There have been a number of occsions when the court has used this jurisdiction to override the wishes of parents who are Jehovah's Witnesses who have refused consent to life-saving blood transfusion for their children; see for example, ReE (A Minor)(Wardship: Medical Treatment) (1993) 1FLR 386. Per Ward J at 394 : The court, exercising its prerogative of protection should be very slow to allow an infant to martyr itself".
I thought it fascinating that Jehovah's Witnesses are specifically mentioned in this Section. It highlighted to me how aware the authorities are of the real dangers posed to children by this cult.
Nowfree