CRIMINALIZING STERILIZATION UNDER TURKISH CRIMINAL LAW ( ART. 101 OF THE TURKISH CRIMINAL CODE OF 2005)


Erbas R.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.73, ss.91-128, 2015 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 73 Konu: 1
  • Basım Tarihi: 2015
  • Dergi Adı: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Sayfa Sayıları: ss.91-128

Özet

Today, an individual has freedom to choses whether or not to conceive a child, shorty referred as reproductive rights and freedoms. In terms of avoiding becoming pregnant, sterilization is considered one of the most common, permanent methods of contraception. Sterilization is performed through tying tubes of females - tubal litigation-and through cutting vas deferens of males vasectomy. This operation requires an invasive operation and results in an irreversible changing of normal function of the reproductive organs. Therefore, if there is no consent given by the patient and the performer of the sterilization is not an authorized professional, the act of sterilization may be a crime. Instead of classifying the act of sterilization as a crime of injury, however, the Turkish lawmaker pushed for a separate crime focused on only the sterilization, art. 101 of the Turkish Criminal Code of 2005 just as the 1926 Code had after the 1936 amendments.