Prawo do odmowy zabiegu medycznego ratującego życie ze względu na sprzeciw

Abstract

The article deals with the right to conscientious objection to life-saving medical treatment, especially as asserted by Jehovah’s witnesses with regard to blood transfusion. Issues related to the admissibility of living will, formal and substantial prerequisites for the validity of such declarations, as well grounds for limitation of patient’s right to reject a medical treatment are explored in the light of constitutional principle of personal freedom and autonomy, right to life and freedom of conscience. The analysis of Polish legal framework and literature concerning the patient’s consent to medical treatment is contrasted by presenting much more restrictive positions to the issue in question adopted by judicature and literature in Spain. While emphasizing the necessity of limiting the right to conscientious objection with a view to protecting rights and freedoms of others, such an approach highlights the need to reconsider Polish mainstream ‘libertarian’ interpretation of patient’s right to autonomy.