8 Hunger Strike in the Pendulum of Ethics and Law concerned refuses to eat for ending his life. The replies to these questions will reflect the ideational stance to be adopted in case of an intervention with a hunger strike. A person intending to commit suicide performs this act at a place and time he determines and in a way he chooses. In case of a hunger strike, the striker refuses to eat and receive treatment until he obtains a result regarding the issue that has triggered his protest.20 The motivation is not to end his life but to urge, through public pressure, the respondent to take a certain action, at the cost of his life.21 As hunger strike is not a form of suicide, instigating the commission of this act will not amount to the offence of inducement to suicide.22 Given the acknowledgement that hunger strike is a fundamental right that may be regarded to fall into the scope of merely Article 26 of the Constitution and that the underlying motivation is not “to die”, there will be no room for considerations regarding an abuse of the right to life.23 II- MEDICAL INTERVENTION 1. The Meaning of Medical Intervention Every intervention with physical integrity may not amount to a medical intervention. For instance, the acts such as doing a tattoo on someone else’s body or piercing the ears to wear earring are the forms of non-medical interventions. On the other hand, any medical inter20 Çağatay Üstün & G. Ayhan Aygörmez Uğurlubay, “Sağlık Hukukunda Bireyin Kendi Geleceğini Belirleme Hakkı ve Bu Hakkın Etik Açısından Değerlendirmesi (The Right to Self-Determination under the Health Law and Assessment of this Right in terms of Ethics)”, Fasikül Hukuk Dergisi, Vol. 6, Issue 53, April 2014, p. 32. 21 Hernan Reyes, “Force-Feeding and Coercion: No Physician Complicity”, American Medical Association Journal of Ethics, Volume 9, Number 10, October 2007, s. 703; Sondra S. Crosby & Caroline M. Apovian & Michael A. Grodin, “Hunger Strikes, Force-feeding, and Physicians’ Responsibilities”, The Journal of the American Medical Association, Vol. 298, No: 5, 2007, p. 563; Rıfat Murat Önok, “İnsan Hakları ve Türk Ceza Hukuku Açısından, İnfaz Kurumları ve Tutukevlerindeki Açlık Grevlerine Müdahale Etme Yükümlülüğü ve Bunun İhmalinden Doğan Sorumluluk (Liability to Intervene with Hunger Strikes at Prisons and Detention Centres and Responsbility Arising from Any Failure to do so, in terms of Human Rights and Turkish Criminal Law)”, İKÜ Hukuk Fakültesi Dergisi, Vol. 4, Issue. 1-2, İstanbul, 2005, p. 141. 22 Taşkın, p. 249. 23 Sevinç, p. 162.
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