Compensation is owed by Spain following a disputed blood transfusion incident involving a Jehovah's Witness individual.
Due to an unwanted blood transfusion, the European Court of Human Rights has fined Spain. In a ruling from Strasbourg, the court declared that Spain had infringed upon the woman's right to privacy and family life, as well as her freedom of religion, as outlined in the European Convention on Human Rights.
As a result, Spain must pay the woman 26,000 euros, with 12,000 euros for the losses she endured and 14,000 euros to cover her legal expenses.
The case involved an Ecuadorian lady, a member of the Jehovah's Witnesses religious group. In 2018, during an emergency surgery in Spain, she was given blood transfusions. According to Jehovah's Witnesses' beliefs, such transfusions contradict God's will. Prior to the operation, she had signed documents to prevent this from happening.
When she was moved from a hospital in her hometown of Soria to Madrid due to severe bleeding in 2018, the doctors consulted a judge about her religious affiliation and the appropriate course of action. Unfortunately, the judge was unaware of the signed documents, and the blood transfusion was authorized. After recovering, the woman filed a lawsuit against the judge, but the Spanish justice system denied her petition. She then took her case to the human rights court in March 2020.
The court determined that while the doctors were acting to ensure the patient's "effective treatment," the woman was not afforded the opportunity to fully exercise her "autonomy" in adhering to a significant teaching of her religion.
The 58-year-old woman expressed satisfaction that "justice has been served" after the decision. She also expressed hope that the ruling would aid in the future protection of others' rights, as reported by AFP news agency. The Jehovah's Witnesses religious community strongly opposes blood transfusions, considering blood to be sacred and citing several Bible verses to support their stance.
In light of the ruling, Spain now needs to ensure that similar miscommunications regarding religious beliefs do not occur in future medical scenarios involving patients. The European Court of Human Rights recognized that the woman's rights to freedom of religion, as well as her right to privacy and family life, were violated due to 'Other' circumstances beyond just the blood transfusion.
