DERECHO CONSTITUCIONAL A LA VIDA Y LA LIBERTAD RELIGIOSA: EL CASO GUTIÉRREZ DE AMARILLA S/ AMPARO (2019)

Abstract

The commented case refers to a constitutional consultation that seeks to clarify the proper interpretation of a law on blood transfusion, in the circumstance of a patient who refuses to receive treatment for religious reasons, by being a member of the “Jehovah's Witnesses”. The decision of the Supreme Court is relevant for the interpretation that it may have regarding the delimitation of religious freedom opposed to the right to life. The Supreme Court of Justice decides to evacuate the query stating that the blood transfusion regulation does not violate the right to religious freedom, considering that the constitutional principle of the right to life prevails over religious and ideological freedom.