Children's Rights

Children's Rights

Children's rights exist for all children, regardless of where they were born, who they are, or their gender. These are rights that all children in the world possess simply because they are children.

The Convention on the Rights of the Child was adopted by the United Nations on November 20, 1989. A total of 193 countries have ratified this document. Turkey is among these countries. Turkey signed the Convention on the Rights of the Child in 1990 and ratified it in 1995.

By ratifying the convention, Turkey commits to guaranteeing the rights of all children in the country and to aligning its laws and practices with the convention.

This convention, which acknowledges that everyone under the age of 18 is a child, covers all rights pertaining to children.

The Convention on the Rights of the Child is based on 4 fundamental principles.

The first of these is to never discriminate against children in any way. In other words, children's rights are for all children. It does not matter where they were born, what language they speak, their religious beliefs, or their skin color. Furthermore, no child can be discriminated against because of the beliefs or opinions of their elders.

The second principle is to consider the best interests of the child as a priority in every situation. Those who create all laws and practices concerning children must prioritize the interests of children. The State takes measures to ensure that adults responsible for the protection and care of children can fulfill these responsibilities.

The third of these principles is to safeguard the right of all children to live and develop. The primary responsibility of everyone accountable for a child—the family, society, and the state—is to protect children’s lives and support their healthy development.

The fourth principle is child participation. This principle states that every child has the right to express their views freely and to share their opinions on every matter that concerns them. Conversely, everyone has the responsibility to listen to a child’s views and respect their ideas.

Of course, children's rights do not end there. These points we have mentioned are the principles that form the foundation for other rights. For all the rights in this convention to be exercised and implemented, the state, family, and society, above all, must make every effort. We are all responsible for the best possible implementation of this convention.

What are children's rights?

Every child has the right to an identity. Every child has the right to a name and a nationality.

Living with their family is also one of the most important rights of children. However, sometimes parents may not be in a position to care for their children; in such cases, the state may need to provide childcare services to prevent the child from being harmed.

The state is also responsible for researching and vetting the most suitable family to adopt children who do not have parents.

If a child's parents are separated, and the child lives in a different place, province, or country than their mother or father, the child has the right to see both their mother and father comfortably. States are responsible for providing all necessary facilitation for this.

Furthermore, no one can take children from one place to another without the parents' permission. Naturally, they cannot take them abroad either. The state must protect children.

All children have the right to express their thoughts freely, but when exercising this right, they must also respect the rights of others.

Children also have the right to assemble to express themselves, to join associations, and to form associations.

Every child has the right to choose the religion they wish, and parents have the right to guide them on this matter.

Children, just like adults, have the right to a private life; meaning, no one can search through their personal belongings, diaries, rooms, or bags that they do not want to share with anyone without their permission.

Children's right to access information and the media is also a very important right. States know the importance of newspapers, television, and radio for a child's development. But they must also protect children from potential harm. Children have the right to access any kind of information and documents they wish, provided that doing so does not negatively affect them while exercising this right.

Sometimes, due to negative conditions in their own countries, children may have to migrate to other countries alone or with their families. In such cases, the host state is obligated to protect the children's rights.

Some children may have disabilities, either from birth or later on. The state is responsible for providing all types of care and education to children by considering their special needs. States are tasked with providing healthcare services for all children. For children to avoid illness and live healthily, conditions such as birth, vaccination, nutrition, environmental cleanliness, and all other health conditions must be good. The state must provide the necessary conditions for all children to lead a better life.

Basic education is free and compulsory for all children. The right to education must also be provided to all children without discrimination.

To spend their leisure time productively and develop themselves, children need more than just educational environments; they need playgrounds, book clubs, libraries, and places like sports and cultural centers.

No one can force a child to work in a job. As regulated in the Labor Law, all children have the right to work when they reach an appropriate age, provided it does not negatively affect their development and education.

Protecting children from all kinds of harmful habits, harmful substances, bad behavior, violence, sexual abuse, and human trafficking is the responsibility of the state, as well as the family and society. When such unfortunate situations are encountered, the state must protect all children and punish those who harm them.

If children feel they are being subjected to bad behavior, violence, or abuse, they should seek support by telling an adult or teacher they trust.

If a child has been dragged into crime, the decisions to be taken during the trial process must be appropriate for children. This means that depriving a child of their freedom should be the measure of last resort.

The most important rights of children are the rights to live in peace and to be protected from wars.

We wish all children a joyful childhood where they can exercise all their rights. We wish them healthy and peaceful days, while reminding them that if they feel they are unable to exercise some of their rights, they have the right to seek help from the family members they trust, their teachers, and ultimately the state.

Children's rights are for all children to live a happier, healthier, and more dignified life.

So what does it include?

Right to life

Right to development

Right to be protected from harmful influences, violence, and exploitation

Right to fully participate in family, cultural, and social life

Covers many rights and freedoms such as freedom of expression, association, religion, and conscience for children

Children have the right to receive information, read, learn, and know

Every child should be able to access health, hospitals, doctors, and treatment.

Going to school and receiving an education are also important children's rights.

These rights are for all children.

No child can be discriminated against.

It is the duty of states to implement these rights.

Children's rights are human rights.

Let us know our rights.

Let us not forget, all these rights and freedoms of ours are protected by law, and children's rights exist for us.

QUESTIONS & ANSWERS

Who is a child, who are called children?

According to the UN Convention on the Rights of the Child, every individual under the age of 18 is a child.

Under the Turkish Civil Code, a person can be considered an adult at age 16 in extraordinary circumstances through marriage.

At age 17, they can be considered an adult through marriage with the permission of their parent or guardian.

Who is a child laborer? What are the conditions for employing child labor?

Article 71 of the Labor Law regulates the issues of employment age and the prohibition of employing children.

According to this article;

It is prohibited to employ children who have not completed the age of 15.

However, children who have completed the age of 14 and have completed compulsory primary education may be employed in light work that will not hinder their physical, mental, social, and moral development, or the school attendance of those continuing their education.

Children who have not completed the age of 14 may be employed in artistic, cultural, and advertising activities that will not hinder their physical, mental, social, and moral development, or the school attendance of those continuing their education, provided that a written contract is made and separate permission is obtained for each activity.

In placing and employing child and young workers, factors such as safety, health, physical, mental, and psychological development, and personal aptitude and abilities are considered. The work a child performs cannot hinder their school attendance or the continuation of their vocational training, nor can it damage their regular monitoring of lessons.

For children and young workers under 18, the types of work that are prohibited, the types of work that young workers aged 15 but not yet 18 may be permitted to perform, the light work that children aged 14 who have completed compulsory primary education may perform, and the types of work and working conditions for young workers aged 16 but not yet 18 are determined by a regulation to be issued by the Ministry of Labor and Social Security within 6 months.

Working hours for children who have completed compulsory primary education but are not continuing formal education cannot exceed 7 hours per day and 35 hours per week; for those working in artistic, cultural, and advertising activities, it cannot exceed 5 hours per day and 30 hours per week. This period may be increased up to 8 hours per day and 40 hours per week for children who have completed the age of 15.

Working hours for preschool children and children attending school during the academic period can be a maximum of 2 hours per day and 10 hours per week, outside of school hours. During periods when school is closed, working hours cannot exceed the periods stipulated in the fourth paragraph above.

The scope of artistic, cultural, and advertising activities, the granting of work permits to children who will work in these activities, working and rest periods according to age groups and activity types, as well as work environment and conditions, procedures and principles regarding the payment of wages, and other matters are determined by a regulation to be issued by the Ministry of Labor and Social Security, taking the opinions of the Ministry of Family and Social Policies, the Ministry of Culture and Tourism, the Ministry of Health, the Ministry of National Education, and the Radio and Television Supreme Council.

Working continuously (full-time); child laborer.

Every individual who has completed the age of 15 can work in any job suitable for working life, but family consent is required.

Employers prefer cheap labor, especially in heavy and dangerous jobs.

Occupational safety is ignored for child laborers, especially in industry.

Children of poor families are exploited by some employers.

Internships and apprenticeships are also seen by the state as a source of cheap labor, and their rights are not protected.

There are also many child laborers as seasonal workers.

There are many children working on the streets, especially refugee Syrian children.

Can a child sue their family or the advertising company later in life as a result of being the face of an advertisement at a young age?

If the child's private secrets have been revealed, this can be considered the crime of child abuse. They could be exploited by pedophiles or malicious individuals. Sharing images, especially of children who are victims of violence or are ill, will cause the child to be traumatized again and again in the future. Economic exploitation is being carried out through children (influencer moms).

Is it a crime for parents to share their children's photos on social media?

There is no such crime in the Turkish Penal Code (TCK). Nor is there in the Law on the Protection of Personal Data (KVKK).

Within the scope of custody rights over the child, it can be shared without harming the child, but shares must be made with caution. The child's right to be forgotten is being violated. Economic exploitation is being carried out through children (influencer moms).

In the event of divorce, who is granted custody of the child?

*The principle of the best interests of the child

*Whichever party will be the better parent to the child

*The needs of the child

Who is a child dragged into crime?

In Turkey, the concept of "juvenile delinquency" is used and refers to individuals who have not yet completed the age of 18 at the time of committing the crime.

In the Child Protection Law No. 5395, the concept of "child dragged into crime" is defined as follows; a child who is under investigation or prosecution for allegedly committing an act defined as a crime by law, or against whom a security measure has been ordered due to an act they have committed.

What are the types of violence against children?

Physical, emotional, economic, sexual, and verbal violence.

What should be done in case of child abuse?

Criminal complaint, reporting obligations.

In abuse cases; there is no consent of a child up to 12 years old. Sexual abuse of a child between 12-15 years old, and sexual intercourse with a minor between 15-18 years old.

Sexual abuse of children is regulated in Article 103 of the TCK.

A person who sexually abuses a child is sentenced to imprisonment from 8 to 15 years. If the sexual abuse remains at the level of molestation, a prison sentence of 3 to 8 years is imposed. If the victim has not completed the age of 12, the sentence to be imposed cannot be less than 10 years in case of abuse, and not less than 5 years in case of molestation. If the perpetrator of an act remaining at the level of molestation is a child, the investigation and prosecution are subject to the complaint of the victim, their parent, or guardian.

Sexual abuse is understood as;

a) Any sexual behavior performed against children who have not completed the age of 15, or who have completed it but lack the ability to perceive the legal meaning and consequences of the act,

b) Sexual behaviors performed against other children based solely on force, threat, deception, or another reason that affects the will,

If the sexual abuse is carried out by inserting an organ or another object into the body, a prison sentence of not less than 16 years is imposed. If the victim has not completed the age of 12, the sentence to be imposed cannot be less than 18 years.

If the crime is committed;

a) By more than one person together,

b) By taking advantage of the ease provided by environments where people are forced to live together collectively,

c) Against a person who is within the third degree of blood or affinity relationship, or by a stepfather, stepmother, step-sibling, or adoptive parent,

d) By a guardian, educator, teacher, caregiver, foster family, or health service provider, or by persons with a duty of protection, care, or supervision,

e) By abusing the influence provided by a public office or service relationship,

the sentence to be imposed according to the above paragraphs is increased by half.

If sexual abuse is committed by force or threat against the children in clause (a) of the first paragraph, or by using a weapon against the children in clause (b), the sentence to be imposed according to the above paragraphs is increased by half.

If the force and violence used for sexual abuse result in the serious consequences of the crime of intentional injury, the provisions regarding the crime of intentional injury are also applied.

If the victim enters a vegetative state or dies as a result of the crime, a sentence of aggravated life imprisonment is imposed.

The crime of sexual intercourse with a minor is regulated in Article 104 of the TCK.

A person who has sexual intercourse with a child who has completed the age of 15, without force, threat, or deception, is sentenced to imprisonment from 2 to 5 years upon complaint.

If the crime is committed by a person with whom the victim is prohibited from marrying, a prison sentence of 10 to 15 years is imposed without the need for a complaint.

If the crime is committed by a person who has undertaken the care of the child to be adopted prior to adoption, or by a person with a duty of protection, care, and supervision within the framework of a foster family relationship, the sentence is imposed according to the second paragraph without the need for a complaint.

Can a person who was subjected to sexual abuse as a child sue when they grow up?

They can obtain the right to file a complaint after reaching the age of 18; there is a statute of limitations of 15 years after the event.

Are there juvenile courts? Should specialized juvenile courts be opened?

In the Child Protection Law No. 5395, the jurisdiction of juvenile courts is set at 18 years of age.

In Article 26 of the Child Protection Law, the "duty of the courts" is regulated as follows;

The juvenile court hears cases opened against children dragged into crime regarding crimes that fall within the jurisdiction of the criminal court of first instance and the peace criminal court.

The juvenile assize court hears cases related to crimes committed by children that fall within the jurisdiction of the assize court.

What should be done to protect children?

The books children read (the incident of the author of the children's book *Zümrüt Apartmanı* receiving a sentence for the crime of obscenity), the movies and series they watch are very important. Children under 18 should not have social media or it should be under parental control. Communication between the child and the parent must be very good. Domestic abuse issues are very dangerous (*Büşra Sanay – Kardeşini Doğurmak* book). UCİM-volunteer legal counsel, pedagogue, psychologist.

Is pedophilia an illness?

Pedophilia is an illness in medicine, but it is not a reason for impunity in criminal law.

Is circumcision abuse?

This topic is highly controversial. If it is done for medical reasons, abuse cannot be mentioned here. When it is done as a religious requirement in conjunction with Turkish customs and traditions, it is not generally accepted as abuse in the doctrine.

Are there LGBTI children?

We have assigned genders that we are born with. As boys and girls. There are also gender roles that society assigns to us. We are against the differential evaluation of LGBTI individuals. Medical professionals state that this is also a congenital condition and accept it as normal.

What are the rights of children if they have special needs?

Families must use all the means at their disposal for their children. At the same time, the support of student peers and teachers in the place where they receive education is also needed. It is very important for these children to be integrated into society; we must ensure they participate in life by giving them education and responsibilities in every field. Discrimination against them is positive discrimination. For example, installing a disabled toilet in a school.

Institutions or individuals who do not accept a child with special needs into school or treat them badly commit a crime within the scope of the TCK. Such as the crimes of threat, insult, and ill-treatment.

Punishments must be deterrent. The conscience of society is wounded if criminals do not serve the sentences they deserve in prisons.