Rights of Epileptic Patient According to Turkish Law

Abstract

If epilepsy does not affect the power of judgment, the patient can exercise any of his/her rights, except for obtaining a driver's license. If the sickness and the medications affect the patient's power of judgment and require protection over him/her, the patient should be placed under guardianship. In this case, the patient uses his/her capacity to incur liability with the consent of his/her guardian. If the sickness completely eliminates the power of judgment, then the patient, as an incompetent, cannot exercise any rights and cannot operate any transaction. There are some specific characteristics of epilepsy regarding the employer's liability to employees for equal treatment during recruitment, employment, and dismissal. Epilepsy gives the employer the right to terminate the contract in the following cases: the employee does not comply with his/her obligation to provide the correct information about his/her condition; epilepsy affects performance; epilepsy is incurable and causes endangerment. In the meantime, the employee has the right to give a notice of termination of the contract when it becomes impossible for him/her to perform his/her duties. Regarding the employees who have job security, if epilepsy disturbs the usual conduct at the workplace causing inadequate conditions, the employer can terminate the contract. Under the Turkish law system, epileptic patients cannot obtain a driver's license. However, the practice around the world does not completely prohibit the right of epileptics to obtain a driver's license and instead, provides alternatives. These alternatives ensure that the patient does not feel excluded from the society and thus, unnecessary adversities can be avoided. (Archives of Neuropsychiatry 2010; 47: 286-91)