The Constitutional Court (AYM) ruled that the “right to protection and development of material and spiritual existence” guaranteed in Article 17 of the Constitution was violated in the application made after the rejection of the case filed by the family of a baby born without his left arm below the elbow due to doctors not notifying them of the situation. gave.
According to the decision published in the Official Gazette, KG and MG’s babies were born in 2007 without their left arm below the elbow. The couple, who was informed that the baby was physically complete during the doctor’s check-ups during the pregnancy, filed a lawsuit for material and moral damages on the grounds that the anomaly was not reported to them.
In 2016, the local court rejected the case on the grounds that the anomaly did not occur as a result of the physicians’ actions and that it was not possible to relieve or treat this condition through abortion. After the couple’s appeal was rejected, an individual application was made to the Constitutional Court.
The Supreme Court stated that the doctors’ failure to detect the anomaly was a fault and that the local court did not evaluate the moral damage suffered by the applicants due to this fault. In its decision, the Constitutional Court stated, “It is clear that the applicants experienced deep pain and suffering due to the anomaly being learned after birth. However, the court did not adequately evaluate the impact of this situation on the applicants.”
In the decision, it was stated that the failure of the judicial authorities to provide relevant and sufficient justifications resulted in the public authorities not fulfilling their positive obligations.
As a result, the Constitutional Court ruled that the “right to protect and develop material and spiritual existence” in Article 17 of the Constitution was violated and sent the file to the relevant court.
Source: www.dunya.com
