For Immediate Release
November 29, 2000
(Spanish)

Superior Court of Justice of Lambayeque,
Peru, sets a precedent in patient's rights

The Superior Court of Justice of Lambayeque recently ruled that a mother was not negligent when she refused a blood transfusion for her child and requested alternative treatment. This is the first case to test Peruvian law regarding a parent's right to choose medical treatment for a child when that choice involves refusal of blood transfusions for religious reasons.

On November 6, 2000, the Superior Court upheld a lower court ruling that found the mother, Rosa Contreras, did not endanger her child by refusing blood transfusions for him last year.

"We congratulate the judges who acted without prejudice and upheld the rights of parents and the right of patient choice," said Victor Liza, spokesman for Jehovah's Witnesses in Peru.

Although the Ley General de Salud, Law 26842, clearly establishes that parents have the right to choose medical care for their children, "this court decision is, to our knowledge, the first case of its nature seen by a Peruvian court and sets precedent in the nation's legal system," Liza said.

In January 1999, 10-week-old Marco Paz Contreras was admitted to Las Mercedes Hospital, suffering from blood poisoning, severe anemia, and swelling. Physicians ordered a blood transfusion. However, the mother, who is one of Jehovah's Witnesses, refused to consent to the treatment. With authorization from the prosecutor's office, she transferred the child to a private clinic for medical treatment without blood.

After media reports alleged that the child's life was in danger, criminal charges were filed on January 20, 2000, against Rosa Contreras for neglect and endangerment of her child.

In September 2000, the Sixth Specialized Criminal Court of Chiclayo absolved Contreras of all charges after hearing expert testimony that the child received reliable medical treatment and quickly recovered.

Contact: Víctor Liza or Norman Cripps, telephone: 011-51-1-434-1474