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Journal - International Society for the History of Islamic Medicine

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A Medical Ethics Perspective to Laws in<br />

Public Health in Turkey<br />

Ayþegül DEMÝRHAN ERDEMÝR*<br />

* Pr<strong>of</strong>. Dr, Uludag University, Faculty<strong>of</strong> <strong>Medicine</strong>, Department <strong>of</strong> Medical Ethics, Bursa, Turkey<br />

e-mail : ademirer@uludag.edu.tr<br />

We know that, ethics is <strong>the</strong> set <strong>of</strong> philosophical<br />

beliefs and practices concerned with distinctions<br />

between right and wrong; with values, human rights,<br />

dignity and freedom; with duties to o<strong>the</strong>rs and society.<br />

We all distinguish between what we regard as<br />

acceptable (“right”) and unacceptable (“wrong”)<br />

conduct, although standards and criteria <strong>of</strong> right and<br />

wrong vary greatly (1).<br />

Values are what we believe in, what we hold dear,<br />

what binds us to o<strong>the</strong>rs <strong>of</strong> our kind; values are <strong>the</strong><br />

foundation <strong>of</strong> morality. The law, which is based on<br />

morality, tells us what we are allowed to do; ethics<br />

tell us what we ought to do. The distinctions between<br />

ethics, morality and law are based on <strong>the</strong> intellectual<br />

and emotional level at which we accept or abhor<br />

behaviour; whe<strong>the</strong>r we regard conduct as “right” or<br />

“wrong” depends upon our ethics. Societal values are<br />

<strong>the</strong> basis <strong>for</strong> many laws, whe<strong>the</strong>r enacted by legislation<br />

or based on decisions in a law court (2).<br />

The developments in <strong>the</strong> science <strong>of</strong> public health<br />

caused <strong>the</strong> modernization <strong>of</strong> ethics <strong>of</strong> public health.<br />

In Turkey, we see some laws on public health. One <strong>of</strong><br />

<strong>the</strong>m is very important. This is Law <strong>of</strong> Protection <strong>of</strong><br />

Health with <strong>the</strong> date <strong>of</strong> 1930 and with <strong>the</strong> number<br />

Summary<br />

Today, in Turkey, we see some laws on Public health. We can review <strong>the</strong>m from <strong>the</strong> point <strong>of</strong> view <strong>of</strong> <strong>the</strong> medical ethics. These<br />

laws contain some articles. Ethical dilemmas on public health can be solved with <strong>the</strong>ir helps. For example, 52th and 112th articles <strong>of</strong><br />

<strong>the</strong> Turkish Law <strong>of</strong> Protection <strong>of</strong> Health and with <strong>the</strong> number <strong>of</strong> 1593 is about immunization campaigns. These campaigns are compulsory<br />

<strong>for</strong> necessary persons. Here, public health doctor can explain this condition to identifying persons as emphatic. We know that<br />

one duty <strong>of</strong> all who conduct immunization campaigns is to ensure that everybody is aware <strong>of</strong> <strong>the</strong> risks. Moreover, o<strong>the</strong>r laws such as<br />

Turkish Law <strong>of</strong> Patients' Rights, Law <strong>of</strong> Socialization <strong>of</strong> Health Services, Turkish Agreement <strong>of</strong> Medical Ethics etc. Try to solve ethical<br />

problems on public health.<br />

In this paper, laws on public health in Turkey are pointed out from <strong>the</strong> point <strong>of</strong> view <strong>of</strong> <strong>the</strong> medical ethics and some results are<br />

obtained.<br />

Key Words; Medical Ethics, Public Health, Laws on Public Health.<br />

<strong>of</strong> 1593. In this law, we find many important articles.<br />

According to <strong>the</strong> third article <strong>of</strong> this law, Ministry <strong>of</strong><br />

Health should prevent <strong>the</strong> diseases <strong>of</strong> children, conduct<br />

immunization campaigns to prevent contagious<br />

diseases. Ministry <strong>of</strong> Health applies <strong>the</strong>se services<br />

with public health workers. These are public health<br />

doctors, nurses and <strong>of</strong>ficers. Today, in Turkey, <strong>the</strong><br />

developments in public health led public health doctor<br />

to suggest a necessary sequence <strong>for</strong> <strong>the</strong> control <strong>of</strong><br />

any public health problem (3).<br />

The developments <strong>of</strong> public health are present in<br />

<strong>the</strong> faculties <strong>of</strong> medicine in many universities <strong>of</strong><br />

Turkey. The specialists <strong>of</strong> public health who are<br />

trained in <strong>the</strong>se departments can work in health dispensary.<br />

Moreover, practitioners can also serve as<br />

public health doctor in Turkey. Every doctor should<br />

protect <strong>the</strong> health <strong>of</strong> persons. But, some ethical problems<br />

on public health can be seen in Turkey.<br />

In this article, we can explain <strong>the</strong>m. Thus, according<br />

to <strong>the</strong> 29-56. articles <strong>of</strong> this law, <strong>for</strong>eign persons<br />

with contagious disease are quarantined. General<br />

Management <strong>of</strong> Turkish Coasts applies quarantine.<br />

We know identifying persons with communicable<br />

diseases means that <strong>the</strong>y are labeled, and this can<br />

34 JISHIM 2004, 3

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