The Right to Refuse Medical Treatment under the European Convention on Human Rights

Holy consent – a dilemma for medical staff when maternal consent is withheld for emergency caesarean section

“…7 Forced court-ordered caesarean sections have been discussed in medical literature following several cases around the globe. 1,2,8 Most cases have concerned nonurgent surgery. 1 Cases have been discussed in which court orders have been obtained quickly (up to 48 min), but in none of these was there actual fetal distress.…”

“…1,2,8 Most cases have concerned nonurgent surgery. 1 Cases have been discussed in which court orders have been obtained quickly (up to 48 min), but in none of these was there actual fetal distress. 9,10 In the USA, Angela Carder, a terminally ill cancer victim was forced by court order to undergo elective caesarean delivery, following which both she and the baby died.…”

“…11,12 However, subsequently the British Court of Appeal ruled that it has no jurisdiction to declare a caesarean section lawful when a competent patient refuses surgery, even if it is warranted to protect the fetus. 1 In Israeli law the patient has the same rights as in the USA and UK, so that a parturient may not be forced to undergo caesarean section. Both the Royal College of Obstetricians and Gynaecologists 13 and the American College of Obstetricians and Gynecologists 14 support the legal stance resulting from these landmark cases that uphold the maternal right to refuse caesarean section.…”

“…Maternal refusal of consent has been discussed in terms of legal and ethical implications but rarely in connection with emergency cases. [1][2][3] We wish to communicate the impact on the medical staff of a motherÕs refusal of emergency caesarean section.…”

Attitudes of Midwives in Sweden Toward a Woman’s Refusal of an Emergency Cesarean Section or a Cesarean Section on Request

“…A pregnant woman may refuse any intervention that is recommended for fetal or maternal reasons. A woman’s right to refuse an intervention beneficial to the baby conflicts with her moral obligation to her baby, which can be a dilemma (2–8). According to Minkoff, her right to request a nonrecommended intervention is more circumscribed (9).…”