Speaking at the opening of the Medicine and Justice Symposium, which was held in a hotel in Sarıyer in cooperation with the Ministries of Health and Justice, Minister of Justice Akın Gürlek expressed his wishes for God's mercy to those who lost their lives in the disasters caused by excessive rains in Istanbul and Sakarya, and his wishes for a speedy recovery to the citizens who suffered material and moral damage.
Expressing his appreciation for the efforts made by the judiciary and healthcare professionals during disaster periods, Gürlek said that such difficult times once again remind them of their common responsibility to protect human life and stand by citizens.
Gürlek wished that the symposium, where the responsibilities arising from medical practices will be discussed from different aspects with representatives of the health and legal world, will be beneficial.
Emphasizing that medicine and law are two important fields that directly touch human life, improve the quality of life of the individual and the society, and complement each other in the responsibility of protecting human dignity and the basic values of living together, Gürlek said, "In the sessions to be held today and tomorrow, important topics will be evaluated, from the legal framework of medical practices to the liability of punishment and compensation, from current judicial decisions to the issues encountered in practice. I believe that the meeting of the knowledge and professional approaches of different institutions on the same ground will contribute to the development of a common understanding and strengthening the unity of practice." he said.
Gürlek noted that under the leadership of President Recep Tayyip Erdoğan, they have undertaken many reforms in the fields of health and law, as in other fields, in the last quarter century, and have made significant progress in strengthening both the physical infrastructure and human resources.
Stating that they will take these gains further by protecting patient rights and legal guarantees of healthcare workers, Gürlek expressed his gratitude to the previous ministers of health who contributed to the implementation of these reforms and all the employees who contributed.
"PATIENTS' RIGHTS AND HEALTHCARE WORKERS' PROFESSIONAL AND LEGAL INSURANCE ARE VALUES THAT SHOULD BE PROTECTED TOGETHER"
Stating that physicians and healthcare professionals fulfill a lofty duty with great devotion, often under difficult conditions and within a limited time, Gürlek said, "It is of great importance that this effort and the responsibility undertaken are understood correctly within the legal order. Within the scope of the principle of the rule of law, legal assurance of the rights of our physicians, other healthcare professionals, patients and patients' relatives during the provision of healthcare services is the most basic condition of sustainable, fair and quality healthcare services." he said.
Gürlek emphasized that health care is a public service that directly touches human life and requires high knowledge, attention and responsibility, and that the Constitution clearly states that the state is obliged to ensure that everyone lives in physical and mental health, and continued as follows:
"The rights of patients and the professional and legal guarantees of healthcare professionals are values that are not mutually exclusive, but must be protected together. The investigation procedure regarding claims arising from healthcare services should also be evaluated with this sensitivity. In this regard, we made an important regulation in our legislation in 2022 to protect the rights of patients and the legal guarantees of healthcare professionals. In criminal investigations arising from the medical procedures and practices of healthcare professionals, we have introduced a permit procedure that operates through the Professional Responsibility Board, within the scope and conditions stipulated in the law. The permit process of the Professional Responsibility Board is based on medical expertise. "It is a procedural guarantee that aims to contribute to the evaluation. This process does not create an area of immunity that eliminates the jurisdiction of judicial authorities to investigate."
"WE CANNOT ALLOW OUR HEALTH WORKERS TO BE MADE UNABLE TO FULFILL THEIR DUTIES DUE TO UNFUNDAMENTARY REPORTS AND ACCUSES"
Gürlek stated that just because every medical intervention does not yield the expected results does not mean that the doctor is at fault or committed a crime, he said:
"With this understanding, we have implemented important regulations that strengthen the professional guarantees of our healthcare professionals in the assessment of liability arising from medical practices. We have also provided important assurance to healthcare professionals working in the public sector in terms of their personal financial responsibilities by tying the recourse of compensation paid by the administration to special conditions. Thus, we have supported our physicians in making their medical decisions without worrying about heavy compensation. However, we cannot allow our healthcare professionals, who work with great devotion, to be rendered unable to perform their duties properly due to unfounded notifications and accusations."
Gürlek pointed out that one of the main priorities of healthcare workers is to ensure that their professional responsibilities are assessed fairly, as well as their ability to perform their duties in a safe and non-violent environment, and made the following evaluations:
"Violence directed against our healthcare professionals is an attack not only on an individual, but on the entire healthcare service and the conscience of the society, and it also damages our citizens' safe access to healthcare. Violence against our healthcare professionals is our red line. Protecting the life safety of our healthcare professionals means protecting the continuity of public service. For this reason, we observe both the professional and legal guarantees of our healthcare professionals with the same determination. While protecting the rights of patients, we do not leave our healthcare professionals alone in the face of unfair accusations. "We have strengthened the sanctions against violence in healthcare. With the regulation we made in 2020, we increased the penalties by half for intentional injury, threat, insult and resisting to perform the duties of healthcare personnel working in public and private healthcare institutions. We have introduced a special provision that prevents the postponement of prison sentences for these crimes. We have also strengthened the criminal protection against preventing the use of healthcare services."
Minister of Justice Gürlek said that they ensured that employees of private health institutions are also considered public officials in cases of crimes committed against them in connection with their duties.
Stating that the crime of intentional injury to healthcare workers during or because of their duties is included among the crimes that can be considered a reason for arrest in the Code of Criminal Procedure, Gürlek said, "Our approach on this issue is to produce concrete solutions to the real needs of our healthcare professionals. There are so-called non-governmental organizations that claim to defend the rights of our healthcare professionals, but are preoccupied with political and ideological agendas rather than problems in the field of healthcare, and consider it a virtue to make statements targeting fair trial processes. He knows very well the politicized intentions of these and similar structures and understands them. "We never take it seriously. We continue to protect the efforts of our healthcare professionals and resolutely provide the services our nation expects from us." he said.
"WE ARE DETERMINED TO CARRY THE 'CENTURY OF JUSTICE', WHICH WE CARRY ON OUR SHOULDERS, TO THE SUMMIT WHERE IT BELONGS"
Stating that many physicians and healthcare professionals work in institutions and units affiliated with the Ministry of Justice, Gürlek stated that they attach importance to cooperation between health and justice, as well as strengthening legal security, protection of fundamental rights and access to justice.
Emphasizing that Türkiye has achieved a very rapid development in the field of health tourism, Gürlek said, "As the Ministry of Justice, I would like to express that we are always ready to provide all kinds of support to our Ministry of Health in eliminating the disruptions that may arise in this development process. We are ready to provide all kinds of support to identify the main problems that come to the fore in the complaints submitted to our Chief Public Prosecutor's Office and to develop preventive measures in terms of loss of rights arising from some surgical interventions performed in places that are publicly referred to as 'under the counter'. We are ready to provide all kinds of support in order to develop a permanent and healthy environment in this field." "We can reach the results through mutual exchange of views with members of the judiciary, healthcare professionals, academics and relevant institutions." he said.
Gürlek said, "The state is obliged to serve its nation. The common responsibility of all our institutions, whether it is the Ministry of Justice or the Ministry of Health, is to create fair conditions in which our citizens will live in peace and security, and to protect the health of the individual and the society. Our citizens' access to health and judicial institutions are two basic service areas that should be handled with the same sensitivity." he said.
Stating that the two ministries are working in coordination to provide the highest quality service to citizens and to take existing services further, Gürlek said, "We are extremely determined to carry the 'Century of Justice' trust that we carry on our shoulders in our Turkey Century journey to the top where it belongs. I am sure that the existence of a healthy society and individuals' uninterrupted and timely access to health services is one of our most important pillars on this path." he said.
Stating that he believes that the symposium will contribute to a more balanced and predictable legal practice by strengthening inter-institutional dialogue, Gürlek hoped that an understanding that considers patient rights, legal guarantees of healthcare professionals and the effective maintenance of healthcare services will be developed.
Stating that they will continue to work with all institutions to make the Century of Turkey the "Century of Justice" under the leadership of President Recep Tayyip Erdoğan, Gürlek noted that they will continue on their way with the same responsibility and determination for a Turkey where citizens find trust in health and justice in the judiciary.
