10 Hunger Strike in the Pendulum of Ethics and Law ised to perform medical intervention are generally physicians; however, it is wrong to say that those who are solely authorised in this sense are the physicians. Any intervention by auxiliary health-care staff such as emergency care technician, health officer, midwife or nurse, sometimes under normal conditions and sometimes as required by the exigency of the situation, also constitute medical intervention.28 2. Elements of Consent to Medical Intervention Consent means the permission granted by a right-holder for the infringement of any of his rights.29 A valid consent that renders any medical intervention lawful shall consist of these four elements: capacity to give consent, subject-matter requiring consent, informed consent and declaration.30 a. Capacity to Give Consent An individual may give consent only when he is the holder of a given legal interest, which is under the protection of a norm, and he has the capacity to express his consent.31 The capacity to express consent shall be exercised by the individual whose right is affected by a given act.32 This capacity, which is an intrinsic value, can in no way be delegated by any other person.33 Everyone having mental capacity is eligible to give consent. An individual’s decision whether to make use of any of his right is a preference inherent in his personal right. That is because this issue is related to the individual’s right to protect and Aydınlatma Yükümlülüğü ve Aydınlatılmış Rızaya İlişkin Bazı Değerlendirmeler (The Physician’s Liability to Inform the Patient and Certain Assessments concerning Informed Consent within the meaning of the Legal Relationship arising from the Medical Intervention in terms of the Personal Rights and Patients’ Rights)’’, Hacettepe Sağlık İdaresi Dergisi, Vol. 10, Issue: 1, 2007, p. 55. 28 Aşıkoğlu, p. 320. 29 Yener Ünver, Ceza Hukukuyla Korunması Amaçlanan Hukuksal Değer (Legal Value Intended to be Protected through Criminal Law), Ankara 2003, p. 976. 30 Özlem Yenerer, Tıbbi Müdahaleye Rızanın Ceza Hukuku Açısından İncelenmesi (Assessment of Consent to Medical Intervention under Criminal Law), İstanbul 2002, p. 26 et seq. 31 Kayıhan İçel, Ceza Hukuku Genel Hükümler (General Provisions of the Criminal Law), İstanbul 2018, p. 394. 32 Nur Centel & Hamide Zafer & Özlem Yenerer Çakmut, Türk Ceza Hukukuna Giriş (Introduction to the Turkish Criminal Law), İstanbul 2020, p. 333. 33 İçel, p. 397; and Centel & Zafer & Çakmut, p. 337.
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