EXTENDED SUMMARY

Since the 19th century, the strike has been the last solution resorted to by workers against the violation of rights and interests within the framework of industrial relations. A strike is one of the ways to resolve labour disputes by collective organized termination of work in an organization or enterprise aimed at getting an employer or government to fulfil workers’ requirements. In order to manage the growing movement of workers and protect the rights of workers, to ensure that production is not disrupted and the industry does not collapse, legal regulations are being adopted both nationally and internationally, and new administrative tools are being applied in organizations. These regulations, sometimes accompanied by strike bans and postponements, provide the right to strike when a peaceful solution is not reached after all peaceful solutions have first been exhausted. The concept of strike is generally evaluated together with the concepts of trade union movement and collective bargaining, which is a part of the freedom of assembly (freedom of assembly and association according to the European Convention on Human Rights). Therefore, the violation and prohibition of the right to strike can be seen as a restriction on the freedom of assembly and, consequently, as a violation of human rights. Most countries have prohibitive regulations regarding the participation of healthcare workers in strikes. Although the main (visible) reason for these regulations is the protection of public health, they have negative consequences in terms of industrial relations and the protection of labour rights of healthcare workers. This study examined whether health workers have the right to strike in Turkey and Russia, and if they have this right, the extent to which this right is exercised. Since granting the right to strike to health workers entails a controversial ethical discussion, in addition to protecting the labour rights of health workers, the ethical aspects of the participation of health workers in the strike has been examined in the study, as well as mentioned the positive and negative aspects of this. When it comes to the rights of healthcare workers, it can be seen that there arise situations where healthcare professionals are in conflict with the right to healthcare, which is the basis of human rights, and the patient’s rights, which is its extension. A factor that causes ethical disputes is the contradiction between the physicians’ performance of their duty and the protection of their labour rights (if one interferes with the other). Concerns about the ethical dimensions of healthcare workers’ participation in strikes are evident in many countries. Increasing mortality with the participation of healthcare workers, especially emergency medicine unit workers in strikes, increases this concern. In particular, the increase in the participation of healthcare workers in the strike in low-income countries can be considered as a negative factor and an alarm pushing the boundaries of socio-economic factors of medical ethics. Although the participation of healthcare workers in strikes has always been perceived negatively, a number of studies show the opposite. While discussions regarding the right to strike of healthcare continue worldwide, the issue of recognizing the right to strike of healthcare workers within the scope of trade union rights comes to the fore in Turkey and Russia. The study provides a brief overview of the history of the strike movement in Russia and Turkey, explains modern legal practice and the organization of the strike. According to the findings of the study, although the right to strike of healthcare workers is officially recognized in Russia, this right is limited by different legal norms in both countries. Since statistical data on the strikes and actions attended by health workers could not be reached, the rate of participation of health workers in strikes and demonstrations in both countries could not be reported in the study. Nevertheless data on the trade union movement of healthcare workers are given. It should be noted that the general purpose of healthcare workers’ trade unions is protect their members of being the subject to prohibitions and sanctions in exercising their trade union rights. According to the results of the study, among the remedies that healthcare workers resort to in collective bargaining disputes, the strike is restricted in terms of public health. It can be thought that such restrictive and prohibitive norms are being implemented as a necessity to prevent the chaos that may arise in the health system in the future. However, when the relationship between the patient and the doctor or the patient and the health personnel is evaluated, it can be said that occupational discrimination in favour of infringing on the union rights of the health personnel brings unreliability to the basis of these relationships. Instead of restricting the healthcare professionals’ right to strike, planned organizational tactics should be implemented to regulate the practice of strikes in order to eliminate this mistrust and protect the health of the population as well as the industrial rights of healthcare workers. Proposals contributing to the improvement of the organization of healthcare and the protection of the labour rights of healthcare workers were provided based on the results of the study.