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Confidentiality obligation of healthcare professionals offense of failure to report a crime the relationship between

2025
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Advisor: Dr. Öğr. Üyesi Tülay Kitapçıoğlu Yüksel

Abstract (EN)

The obligation of healthcare professionals to maintain professional confidentiality is one of the fundamental pillars of professional ethics. This obligation plays a vital role in protecting individuals' privacy and maintaining trust in healthcare services. Professional confidentiality underpins the trust patients place in healthcare professionals, enabling individuals to share their health issues openly. In this context, the obligation to safeguard professional secrets is not only an ethical requirement but also a legal obligation that contributes to the sustainability of healthcare services. This obligation, aimed at protecting individuals' privacy, necessitates that healthcare professionals refrain from sharing information about patients' health conditions with third parties as part of their professional responsibilities. Historically, this obligation has been an integral element of the medical profession and has contributed to the development of healthcare services on a foundation of trust. However, the evolving dynamics of modern societies, increased sensitivity to criminal policies, and regulations aimed at maintaining public order have imposed new responsibilities on healthcare professionals. Article 280 of the Turkish Penal Code explicitly regulates the obligation of healthcare professionals to report crimes and prescribes criminal sanctions for the violation of this obligation. This provision has been designed considering the high likelihood of healthcare professionals encountering criminal activity in the course of their duties. However, in certain situations, the obligation to report crimes conflicts with the obligation to maintain confidentiality, leading to significant ethical and legal debates. Particularly in cases where these obligations clash, the question of which obligation should take precedence for healthcare professionals becomes a critical issue. In this regard, our study examines the relationship between the obligations of maintaining professional confidentiality and reporting crimes in light of national and international regulations, various doctrinal approaches, and contemporary judicial decisions. Our analysis aims to reveal how these two obligations intersect in practice and the challenges they bring. Furthermore, our study provides suggestions for resolving the ethical and legal dilemmas faced by healthcare professionals and includes evaluations for improving regulations in this field.

Author

Dr. Berrin Taymur

How to Cite

Berrin Taymur (Master Thesis). Confidentiality obligation of healthcare professionals offense of failure to report a crime the relationship between, 2025, Kirklareli University.

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