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Of consent forms and fingerprints: Patient’s right to privacy in Turkey
Abstract
“The Transformation in Health,” Justice and Development Party’s (JDP) massive project of healthcare restructuring was launched in 2004, and has been subject to intense discussions since then. But the discussions took a new twist in 2012 with the onset of a new data centralization program. Partly because its implementation followed a heated debate about abortion and c-sections, the program was met with scepticism by many: doctors, lawyers, and patients seeking care voiced their concerns about the program; certain groups started to organise to stop its implementation; yet other groups and individuals brought their cases to the courts. At the heart of the concerns of all these groups lay their fears about patient’s right to privacy. While idea of individual rights came about first as a protection mechanism against an over-intrusive state apparatus, recent scholarship on rights suggests that delineating the ways in which certain rights are conceived and practiced in a given context is crucial to understand both macro- and micro power dynamics in that society. On the one hand, although rights claims are presented as universal, the study of rights as practices shows that social inequalities are ingrained within rights. Attending to the ways that a certain right is conceptualized therefore allows a grasp of these power relations. On the other hand, rights claiming may or may not empower the groups who perform it, and context-specific research is necessary to understand why, how, and when rights claiming, as a strategy, ‘works.’ This paper will examine the development of the idea of the rights of the patient, and especially the right to privacy, in Turkey. Although the idea of the rights of the patient has not been introduced for the first time to Turkey with this struggle over the centralization of patient records, it has become both more widespread within society and more central in discussions about healthcare through this process. But what does this newly popularized right involve? How is privacy conceptualized as a right by the claimants? Who is considered to be qualified to ‘have’ this right, and who is not? That is, who is the subject of the right to privacy? Through interviews conducted with doctors, lawyers, and patient’s rights activists, this paper will scrutinise the premises of prospects of the patient’s right to privacy advocacy in Turkey.
Discipline
Sociology
Geographic Area
Turkey
Sub Area
19th-21st Centuries