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New Approaches in Health Sciences

New Methods and Developments in Health Sciences

Edited By Gökhan Aba

New methods, new approaches and advanced technologies have started to be used for patients to gain access to less costly and more quality diagnosis and treatment services in a shorter time. This book, which includes new approaches in health sciences, has been written by successful and expert researchers who work in different health disciplines of health sciences.

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16: Protection of Personal Rights in Healthcare Sector: The Right to Make Choices and the Right to Privacy

Extract

Mehmet Emin Bilge, Rauf Karasu and Merve Ayşegül Kulular İbrahim

16:   Protection of Personal Rights in Healthcare Sector: The Right to Make Choices and the Right to Privacy

1 Introduction

Personal rights are one of the basic rights for people. Personal rights can be defined as the rights that enable individuals to develop their independent personalities and reputations in society (Akipek et al., 2002). The right to privacy, the right to protection of personal data and the right to health are within the scope of personal rights. In this study, the effect of eastern and western cultures on medical history was taken into consideration. In this context, we aimed to investigate the regulations in sample countries to set an example for the solution of problems in Turkey affected from both eastern and western cultures. The right to privacy and the right to make choices were examined. In order to investigate Western health law, the United Kingdom was chosen as a sample of developed countries while Japan was selected for Eastern health law. In this context, Japanese law was explained by considering the functionality at first and then English law was analyzed.

2 Japan Health Law

2.1 The Right to Privacy

In Japanese law, the right to protection of personal data and the right to privacy are regulated by various laws. These will be discussed below:

In the Context of Penal Code

The...

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