Health Tourism Law

Health tourism law is a subject that can be addressed from the perspectives of foreign nationals law, criminal law, administrative law, commercial law, contract law, and other legal disciplines. Individuals must be aware of their legal rights when benefiting from healthcare services provided across countries. There are legal regulations on international health tourism and the protection of tourists’ health. Any legal disputes that may arise between the health tourist and the institution or physician providing healthcare services and the intermediary institution are examined within the framework of international private law.

For example, if the country where the healthcare service is received is Turkey within the scope of health tourism, proceedings are conducted in accordance with Turkey’s legal regulations, but the case is handled under the rules of international private law. Health tourists may file a compensation claim against the hospital, doctor, and intermediary institution for situations arising from conduct contrary to general rules of conduct (tort) or breach of contract. The compensation claim is examined and adjudicated in accordance with the laws of the relevant country and the rules of private international law.

Health Tourism Law in Turkey

Health tourism law in Turkey is governed by the rules of international medical law. Furthermore, as health tourism is a commercial matter, the rules of international commercial law also apply. A health tourist who comes to Turkey from a foreign country to benefit from health services may file a lawsuit against the hospital, doctor, intermediary institution, and even the Ministry of Health on the grounds that their legal responsibilities have not been fulfilled. The lawsuit is examined and decided within the framework of Turkish legal regulations and the rules of international private law.

Health tourism in Turkey began to show significant growth as of 2010, and health tourism law has developed in parallel. Foreign nationals who come to Turkey to benefit from healthcare services or who fall ill unexpectedly while on holiday in Turkey may file civil, administrative, or criminal lawsuits if they encounter unfair medical practices. Cases are conducted and decided under the Regulation on International Health Tourism and Tourist Health, which is in force in Turkey.

Health Tourism Legal Regulations in Turkey

Legislation, guidelines and regulations prepared within the scope of health tourism law have been published. The development of health tourism and its transition to a more active position has been decided within the scope of the 11th Development Plan covering the years 2019-2023. The Ministry of Health, the Ministry of Culture and Tourism, the Ministry of Economy and Finance, and the Ministry of Family and Social Affairs will carry out coordinated work. The legal regulations prepared for health tourism in Turkey are as follows:

  • The implementation of the directive on “health tourism and tourist health” which entered into force with the ministerial approval dated 23 July 2013 and numbered 25541.
  • The regulation on “international health tourism and tourist health”, which entered into force upon its publication in the Official Gazette dated 13 July 2013 and numbered 30123, shall be valid.
  • The Decree-Law No. 663 on the organisation and duties of the Ministry of Health and its affiliated institutions shall be the basis.
  • The regulation on private hospitals, which entered into force upon its publication in the Official Gazette dated 27 March 2002 and numbered 24708, specifies the services that private institutions and organisations are required to provide within the scope of tourist health.