Medical Law and Religious beliefs
When the decision to refuse consent is a consequence of the patient’s religious beliefs, Article 9 issues may arise under the European Convention on Human Rights 1950 that protects freedom of thought, conscience and religion, supported by Hoffmann v. Austria (1993) Series A, No. 255.
However, in Arrowsmith v. UK (1978) 19 DR 5 it had previously been indicated ‘religious practice’ does not cover every act influenced by religion.
But, according to the decision in Re T (Adult: Refusal of Medical Treatment) [1992] 4 All ER 649, treatment can still be administered where it is against a patient’s beliefs if the family goes to court to seek an order for it.
