Right to refuse treatment upheld while advance directive failed.

Abstract

The right to refuse treatment and the advance decision were two major issues that came up in Re J (Blood Transfusion: Older Child: Jehovah's Witnesses) [2024] EWHC 1034. This paper discusses that case in relation to (a) the meaning of the right to refuse treatment, (b) why the term, "right", should be replaced with "immunity" in the expression, "right to refuse treatment", (c) the limitations of that right and (d) what the advance decision is and why it was not effective in Re J. The paper concludes that, although the right to refuse treatment and the advance decision are important facilities under the law, they do have limitations.