19 Union of Turkish Bar Associations Review 2022 Süleyman ÖZAR III- MEDICAL INTERVENTION IN CASE OF HUNGER STRIKE A. Medical Intervention in case of Hunger Strike by Free Persons The underlying ground of the argument that justifies the intervention in case of a hunger strike by a free person is the very nature of the right to life, as the indispensable basic right that entails responsibilities also towards the family and society.61 In this framework, Article 12 § 1 of the Constitution62 is relied on, and accordingly the emphasis is put on the inalienable and indispensable nature of the right to protect and improve the corporeal existence, which is enshrined along with the right to life in Article 17 of the Constitution.63 In this sense, the cases where a person causes permanent damage to his/her corporeal existence, endangers or ends his/her life will be contrary to Articles 12 and 17 of the Constitution. According to this approach, the hunger strike will be legitimate unless it gives rise to permanent damage.64 From then on, the impugned act will lose its legitimacy (the freedom of expression and dissemination of thought). Besides, when hunger strike is considered as an abuse of right, it will not be even necessary to await for the deterioration of health, to a significant extent, for intervening with the situation.65 The underlying ground of the argument that finds unlawful any intervention with the hunger striker is the right to personal autonomy that refers to the individual’s ability to freely take an action, of his own Jehova’s Witnesses, objected to blood transfusion on account of their faith. For instance, in an incident taking place in England, Emma Gough suffered from haemorrhage after giving birth to her babies. The doctors found necessary an immediate blood transfusion. The mother, refusing blood transfusion due to her faith, marked the section “I do not consent to blood transfusion” in the information form necessary for the transfusion process. At the end, she lost her life (Aşıkoğlu, s. 340). 61 Doğan Soyaslan, “Türk Hukuk Düzeni ve Açlık Grevi Yapan Kişilere Müdahale Sorunu (Turkish Legal Order and Issue of Intervention with respect to Hunger Strikers)”, Yargıtay Dergisi, Vol. 16 Issue: 3, July 1990, p. 273. 62 “Everyone possesses inherent fundamental rights and freedoms that are inviolable and inalienable. Fundamental rights and freedoms also contain the individual’s duties and responsibilities towards the society, his family and other individuals.” 63 Feyzioğlu, p. 163. 64 Feyzioğlu, p. 163. 65 Akıncı, p. 753.
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