9 Union of Turkish Bar Associations Review 2022 Süleyman ÖZAR vention is a type of act which is certainly directed against the physical integrity of the person concerned. Therefore, it should be reasonable to make a precise definition of medical intervention before dwelling on the issue of consent to medical intervention. As set forth in Article 4 (g) of the Patient Rights Regulation, medical intervention is “any kind of physical and mental attempt of the medical professionals, which is performed within the limits of medicine, for the protection of health as well as medical diagnosis and treatment of diseases, in accordance with the professional obligations and standards”. The Constitutional Court defines medical intervention as “the acts and activities performed by the medical professionals for the diagnosis, treatment or prevention of diseases”. 24 These definitions are patient- and disease-oriented and also accurate in their specific context. However, they are indeed incomplete in so far they relate to the notion of interference with the right to physical integrity. That is because the underlying aim of medical intervention may not at all times be medical treatment and recovery, and it may pursue various aims regarding inter alia the collection of criminal evidence, scientific research, population planning, plastic surgery, tradition and religion.25 Likewise, there is no hesitation to include the operations such as transfer of tissue and organ for transplantation based on the consent of the person concerned also within the scope of the notion of medical intervention.26 Accordingly, medical intervention should be considered, in the broadest sense, as “any kind of intervention with human body by medical professionals or through biological methods”.27 The professionals author24 Halime Sare Aysal, no. 2013/1789, 11/11/2015, § 52. For an assessment as to the judgment, see Eda Demirsoy Aşıkoğlu, “Kişi Dokunulmazlığı Hakkı Bağlamında Rıza Olmaksızın Yapılan Tıbbi Müdahaleler (Medical Interventions beyond Consent within the context of the Right to Physical Integrity)”, Türkiye Adalet Akademisi Dergisi, Year 9, Issue 35, July 2018, p. 326-328. 25 Özge Yücel, “Sağlık ve Tıp Hukukuna İlişkin Temel Kavramlar ve Özneler, (Basic Concepts and Subjects concerning the Health and Medical Jurisprudence)”, Sağlık ve Tıp Hukukunda Sorumluluk ve İnsan Hakları, edited by Özge Yücel & Gürkan Sert, Ankara 2018, p. 33. 26 İsmail Atak, “Tıbbi Müdahalelerin Hukuka Uygunluk Şartları (Legality Conditions of Medical Interventions)”, Türk Ortopedi ve Travmatoloji Birliği Derneği Dergisi, 19/4, 2020, p. 20. 27 Yücel, s. 33; Burcu G. Özcan & Çağlar Özel, “Kişilik Hakları-Hasta Hakları Bağlamında Tıbbi Müdahale Dolayısıyla Çıkan Hukuki İlişkide Hekimin Hastayı
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