Collision between the fundamental rights to life and religious freedom as a regarding to blood transfusion

Abstract

This article addresses the collision between the right to life regarding to religious freedom over blood transfusion, more specifically in the Jehova’s witness religion, which refuses to do the procedure even with the imminent risk of life. Medical professionals often face difficulties in guaranteeing life when it comes to religion issues, becoming as difficult as fulfilling the Medical Code of Ethics. It is noteworthy that, although it is fundamental, the right to religious freedom should not be analyzes in isolation, due to its bilateral dependence with fundamental rights and, in the case of conflict with the right to life, even though it is the duty of the State to respect the freedom of religious conviction, life should be raised to a higher level. The right to life is essential, as there is no way to enjoy other rights without it. As a methodology, there is doctrinal an jurisprudential analysis, supported by constitutional precepts, using the deductive method. The doctrine and the jurisprudence differ on the subject, and the solution of this controversy is weighing in the specific case. Given this context, the question arises: does the right to life prevail over religious freedom? In this sense, the fundamental right to life conflicts with the fundamental right to religious freedom, therefore, it demands the weighting of an effective solution for the discussion.