16 Hunger Strike in the Pendulum of Ethics and Law The person informed about the given medical intervention is entitled “to refuse, or request the suspension of, the medical treatment which he will intend to undergo or are undergoing”, save for the circumstances prescribed by law (Article 25 of the Regulation on Patients’ Rights). Accordingly, through this provision, the Regulation on Patients’ Rights has gained a position that secures respect for the patient’s personality in terms of his right to refuse medical treatment and is in keeping with the contemporary developments.48 d. Expression of consent The person concerned must express his will in any way, either explicitly or implicitly, or either in writing or orally.49 Unless required by a special arrangement, the form in which consent is expressed does not matter.50 All in all, the given act must have been committed upon the expression of consent. The consent expressed following the performance of an act does not legalise the act. The consent must be expressed, at the latest, during the performance of the given act.51 3. Medical Interventions of Lawful Nature even without Consent In principle, any intervention with physical integrity requires consent. Article 17 § 2 of the Constitution, which sets forth “The corporeal integrity of the individual shall not be violated except under medical necessity and in cases prescribed by law”, lays down both the rule and the exemptions thereto. Accordingly, there are two exceptions to the necessity of consent in case of a medical intervention: Medical necessity and any case prescribed by law. If there is a medical necessity and/or a case prescribed by law, medical intervention may be performed without seeking consent. Article 75 § 1 of the Code of Criminal Procedure no. 5271 (“CCP”), which allows for performing internal body examination and collect48 Sevinç, p. 121. 49 Koca & Üzülmez, p. 293. 50 Toroslu, p. 190. For instance, the validity of the consent sought for organ transplantation is dependent on its compliance with the conditions laid down in Law no. 2238 on the Removing, Storage, Grafting, and. Transplantation of Organs and Tissues, which is dated 29.05.1979. 51 Centel & Zafer & Çakmut, p. 335.
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