Family Environment and Alternative Care
Education, Leisure and Cultural Activities
The Convention on the Rights of the Child (CRC) was ratified by Turkey in 1994. The General Directorate of Social Services and Protection of Children (SHÇEK) was appointed to co-ordinate the implementation of children's rights and an inter-sectoral council for children's rights was established to oversee efforts to bring the CRC to life in Turkey.
The CRC defines as a child any individual below the age of 18. In Turkish law there is no single definition of the end of childhood - it varies by the situation. The age at which you are considered an adult depends on whether you want to get married, work, get a passport, vote in elections or are brought to court for criminal behaviour.
Non-discrimination
Although the Constitution of Turkey and other legislation uphold the right of non-discrimination, persistent disparities deprive some Turkish children (particularly those living in rural areas and in the Eastern regions) from their rights.
In addition, not all children
are recognised as Turkish citizens. This is because the Civil Code only
recognises civil marriages so the children of couples who are married by
religious ceremonies are not registered and therefore not recognised as
Turkish citizens.
Respect for Child's Opinion
Taking the opinions of the
child into account in decisions affecting her/him is only explicitly called
for in a limited range of situations that affect the child. The Civil Code
states that a discerning person cannot be adopted against her/his will.
The Law on Juvenile Courts makes provisions for the views of children to
be heard, but this usually remains at the discretion of the judge and is
rarely practised.
Name, Nationality and the Preservation of Identity
Birth registration, which is mandatory within one month of birth, takes place concurrently with obtaining an identification card.
Largely because births are
not registered as they occur, a significant number of births go unregistered.
According to the 1995 Multiple Indicator Cluster Survey (MICS), conducted
by the State Institute for Statistics and UNICEF, 26% of children aged
0-4 were unregistered. Numbers are higher in the Eastern region.
Freedom of thought, belief and expression
Freedom of thought, belief and expression are guaranteed in articles 25 and 26 of the Constitution, however languages that are forbidden by law should not be used for the expression of these views.
Turkish legislation takes a strong stance against information that might be harmful to the
physical, mental, psychic
and moral development of children. The Supreme Board of Radio and Television
controls the broadcast of programs harmful to children.
Family Environment and Alternative Care
Parental Guidance and Responsibility
The primary responsibility of the development and values of the child rests with the family. Turkish legislation aims to strengthen the foundations of the traditional family unit. For instance, whereas both parents are equally responsible for raising children and share the costs even if they separate, if disagreements arise the father's position takes precedence. Failure on the part of parents to look after a child can result in loss of custody. If both parents are deceased, the judge, in consultation with a social worker, appoints a guardian.
Husbands and male siblings
play a very limited role in child minding in Turkey. Although labour laws
seek to support working mothers through the establishment of nurseries
and day-care centres by employers of over 150 female workers, these laws
are often not implemented: one of every three working mothers are obliged
to look after their children while at work. Over one in ten children of
working mothers are cared for by older sisters. The role of female siblings
in child care is significant in families where the mother has limited education,
works in the agricultural sector or as a seasonal worker, or lives in Eastern
or rural regions.
Separation from Parents, Family Reunification and Illicit Transfer
The Civil Code provides for the separation of children from parents if they have failed to fulfil their obligations or neglected the child. The child's opinion should be sought regarding parental custody. Custody may also be removed upon adoption of the child by another family, disavowal of paternity or termination of ascendancy relationship or divorce or annulment of the marriage.
The parents and the child have the right to maintain personal relations with each other unless this is contrary to the best interests of the child. Under these circumstances the child is placed in an institution managed by SHÇEK. However, the number of such institutions and personnel for follow up are insufficient.
Since Turkish law requires
both parents' signature to issue a passport to a child under 18, family
reunification may be blocked by quarrelling parents.
Standard of Living
Parents have primary responsibility for securing living standards but must be helped by the state if they need food, clothing and housing. Children who are put under the protection of the state are taken into SHÇEK institutions. There is a positive move away from institution type placements to home type placements.
Turkey has a foster family system and the opinion and consent of children is taken into account if they are able to discern the situation. According to the Turkey Demographic and Health Survey (TDHS) 1998, the percentage of foster children in the civil population stands at roughly 1%.
Article 152 of the Civil
Code states that "the husband is the head of the union," but from 1988
to 1998 there has been a 60% increase in female-headed households from
roughly 9% to 14%. The main reasons are the large scale international out-migration
of males, urbanisation and the consequent break up of extended families,
and the increasing gap between male and female mortality levels. Children
of female-headed households are less likely to be in school and more likely
to be working.
Adoption
Adoption is permitted in
Turkey with certain conditions for the adopters: they should be married,
childless and at least 40 years old.
Periodic Review of Placement
Periodic review of the placement
of children cared for outside their family varies with the age, health
and the type of protection needed. For instance, on the one hand, monitoring
activities depend largely on the demands of the adoptive family and on
the other social workers must visit foster families regularly to assess
the problems of the family and the child.
Protection from Abuse and Neglect and Rehabilitation
Judges can end custody of
parents over children due to physical, mental and sexual abuse, violence,
exploitation and all other similar treatment while parents continue paying
the costs of the childs upbringing. Custody can be returned if the conditions
that led to the suspension of custody change. Children suffering from sexual
abuse are treated differently by the penal code based on whether they are
under 15 or under 18. Sentences of perpetrators seen to have influence
on the child are increased by one half.
The percentage of health
expenditure in the state budget increased from 2.1 percent in 1980 to 3
percent by 1992-1995. Despite this increase in expenditure, the distribution
of health personnel is unbalanced by province. Furthermore, those living
in the centres of provinces in urban areas and in non-slum areas of cities
have higher numbers of health personnel.
Disability and disabled children
The number of disabled children
is unknown. Estimates place it at anywhere from 1.1 to 3 million. The current
enrolment rate of handicapped children is roughly estimated at 2%. The
government has recently established the Administration of the Disabled
under the Prime Ministry to co-ordinate relevant institutions related to
the disabled in Turkey. Welfare institutions provide limited financial,
employment and educational support to the handicapped.
Maternal Health
In general the information available on maternal health is very limited. The available data does show that the maternal mortality rate (MMR) has decreased by about 75% over the past 25 years. MMR went from about 200 per 100,000 live births in the 1970's to 50 per 100,000 live births in the mid-1990's.
The TDHS 1998 shows that
2/3 of Turkish mothers are receiving neonatal care. However, there are
large disparities in antenatal care with women from the Western regions,
from urban areas and with higher levels of education receiving more care.
Child Health
The infant mortality rates (IMR) has decreased by 20% over the last 10 years.
It was about 200 per thousand in the late 1950's and dropped to 43 per thousand live births in the 5 year period preceding the TDHS 1998, however regional disparities have persisted over that period.
According to the 1998 TDHS, although neonatal mortality rates are higher for males, this pattern switches for post-neonatal and child mortality rates for which girls have higher rates.
IMR is higher for rural areas and for mothers with no education or only primary education but decreases by the level of antenatal care and delivery services received by mothers.
Although it is recommended that children be fully vaccinated during their first year, the TDHS 1998 shows that only about 46% of Turkish children 12-23 months completed the vaccination schedule before age 1. However, only 4% of children have not received any vaccinations. Vaccination coverage would be higher if the drop-out rate for DPT and polio were reduced. Almost one quarter of children who receive the first doses of these vaccines do not receive the rest of the 3-dose course.
Turkish law supports the breastfeeding initiative and currently 95% of children are breastfed for a period. The median duration is 12 months, which increases in the East and with lower education of the mother. However, supplementary foods are introduced as early as one month.
Dehydration brought on by severe diarrhoea is an important cause of morbidity and mortality among children in Turkey. The TDHS 1998 reports that 3 in 10 children under 5 had diarrhoea during the 2 weeks preceding the survey. Almost all children received treatment but only about 15% received either oral rehydration salts (ORS) or recommended home solutions (RHS).
Acute Respiratory Infection (ARI) is the most prevalent disease among infants and children under 5 in Turkey, especially during winter months. The Control of Acute Respiratory Infections Program was launched in 1986 and covered half the population by 1998.
Child malnutrition increases with the age of the child.
Only 2% of children are wasted and 10% of children under 5 are underweight for their age. In general, stunting is the major problem of child malnutrition but across all measures of malnutrition, regional disparities are the key issue.
Stunting is also greater for children of uneducated mothers, for higher birth order, for children born after a birth interval of less than 24 months and for children in rural areas.
Iodine Deficiency Disorders are of concern in all regions in Turkey. The Ministry of Health launched a campaign with UNICEF in 1995 to distribute iodised salt in the most critical regions. Salt producers have agreed to produce only iodised salt by the year 2000. However, according the 1995 MICS the use of iodised salt is only 23% in urban and 9% in rural areas.
Fertility, Contraceptive Use and Abortion
Fertility levels vary widely by level of education, residence and region. 11% of total fertility is accounted for by births of women aged 15-19. The age of first birth is being slowly increased by the increase in age of marriage for women. But because of the greater risks of morbidity and mortality to both mother and child, adolescent fertility is still a concern.
Short birth spacing and large numbers of children have a negative impact on a variety of health and education indicators. Given that 19% of births from 1993-1998 were not wanted, greater family planning would significantly reduce this negative impact. Urban women and women in the central region are more likely to use modern contraceptive methods. The higher the level of education, the more likely a woman is to use modern methods. However, it must also be taken into account that 35% of users discontinued using the contraceptive within 12 months of starting.
Abortion was legalised in 1983 during the first 10 weeks of gestation. Nevertheless the number of induced abortions has been generally decreasing from 1993 to 1998 when 15 of every 100 pregnancies ended in abortion.
The greater desire for male offspring seems to be changing to balance girls with boys, especially among younger couples.
Social Security, Child Care Services and Welfare Status
Article 60 of the Constitution of Turkey stresses the right of all to social security. Currently, 80% of the population are covered by some form of insurance. Those not covered benefit form the Green Card Program for health services and the Poverty Fund or Cash and Kind Assistance Program for material assistance and support.
Although it is possible for children as young as 13 to work under the law, they are not eligible for social insurance until they are 18.
The United Nations Development Program's Human Poverty Index, which takes into account life span, literacy and other dimensions of poverty, shows that some 20% of the Turkish population live under some form of human poverty or deficiency.
Housing Facilities and Conditions
More than half the population has access to piped drinking water, mainly in their homes, and 2/3 of households have modern sanitation facilities.
The social security system aims to provide healthcare and social security for all although gaps persist.
Education, Leisure and Cultural Activities
Pre-school Education
Pre-school education is extremely limited in Turkey suggesting an absence of public recognition of its importance and lack of state support (pre-school education is not required by law). Non-governmental organisations, the Ministry of Education and UNICEF have been involved in innovative programs to provide pre-school education, but these are limited in scope.
Basic Education
Basic education is free and became compulsory for 8 years in 1997 when it was increased from 5 years. However, there is a lack of physical capacity and trained personnel to provide for the increased demand in basic education.
Enrolment and Attendance
Schools are either state run or private. Although state education is free, the families are not totally free of the burden of the cost of books and uniforms. Add to this the opportunity costs of sending children to school and foregoing the income they would receive from work, and the costs of education become prohibitive for poorer families. Enrolment ratios can only be increased if the full costs of education are taken into account.
Gender disparities in education are significant and particularly important given the side benefits of girls education including increased health and education of their children. Some traditional families are reluctant to send their adolescent daughters to co-educational schools.
Regional disparities in enrolment rates are significant with the East and rural areas suffering low rates. The heavy agricultural base means that more children are needed to work the land which keeps them out of school. The curriculum, which is currently set at the national level, may not be suited to the conditions of rural life and hence act as another deterrent to enrolment. Also the school year partly overlaps with seasons of heavy agricultural workload which means that children in rural communities leave school for significant periods. A change in the period of the school year would encourage attendance in rural areas.
However, lack of resources in the East is also a problem and many schools, especially in urban areas, operate in double shifts. Westward migration has meant that many schools in the West now also face this problem. While there is overcrowding in some schools - especially in the East with up to 60 children per teacher - 20% of the total school capacity of the country remains inactive because urban migration has rendered operating these (mostly village) schools economically unviable.
Boarding schools have been set up to address this problem but their numbers are too low to make a significant impact on enrolment rates. Furthermore, families may be reluctant to send their daughters to boarding schools in other towns or to send them long distances every day to school.
Another approach is to merge classes saving on teaching staff. In 1998/99 more than half basic education schools had merged classes with roughly 40% of these having merged 5 grades into one.
Non-attendance and drop out rates are of concern in Turkey. In the 1994 Child Labour Survey 25% of drop-outs in rural areas and 30% in urban areas said they were not interested in school. However, the next largest group said they did not attend because they could not afford it. Almost half children in urban areas and 40% in rural areas drop out of school for financial reasons.
Literacy
In 1998 the illiteracy rate for Turkey was roughly 14%, down from 19% in 1990. However, gender disparity is still high: roughly 22% for women and 6% for men. These disparities are significant when Turkey is compared to countries with similar GDP and neighbouring regions. Gender disparities in literacy rates partly stem from the disparities in enrolment rates.
Children in Informal Education
Children aged 14-19 who choose or are obliged to work can be recognised as apprentices and enrol in programs that enable them to combine school with work. Unlike other working children, apprentices receive social security coverage. Despite the benefits, the 1994 Child Labour Survey found that less than 1% of working children were apprentices. One important reason for this is the advantages to employers of employing non-apprentices.
Various other informal training programs for children exist but are very limited in terms of the numbers of children that take advantage of them.
Children in Need of Special Education
Few schools are equipped to accept children with disabilities. Including private education, a total of just over 27,000 disabled children receive formal basic education in Turkey. Based on World Health Organisation estimates of the number of disabled children in Turkey, this means that the enrolment rate is only 2% with only 35% of those being female. The distribution of schools is biased towards urban populations and the West.
Leisure, Recreation and Cultural Activities
The General Directorate of Youth and Sports organises youth camps, festivals and competitions for children. In addition, it runs 105 youth centres throughout the country. There are special recreation and cultural services for children under state protection. Elective courses which focus on non-academic activities are mandatory in all schools. Public libraries have children's sections and there are mobile libraries for the rural population. Although a variety of other cultural activities exist, children from poor families are often deprived of such opportunities outside of school.
Children in Conflict with the Law
The Juvenile Courts Law of 1987 symbolises an important step in achieving the rights of the child by requiring special conditions for juveniles aged 11 to 15 throughout the court process. Children aged 16-18 are treated as adults except that they can't be sentenced to death or life imprisonment. The law forbids press coverage of crimes committed by juveniles. It requires the establishment of juvenile courts in every province and sub-province with a population greater than 100,000. Currently there are 6 juvenile courts in Turkey. In the absence of juvenile courts, the juvenile court law is applied by regular courts.
Children under 11 at the time the crime was committed are not tried or sentenced unless the crime was to merit one year or more of imprisonment. Nevertheless, there are special procedures and punishments so children are not treated as adult criminals.
The Juvenile Courts Law is applied to all children aged 11 to 15. However, if they commit crimes against the state, crimes that fall under the military courts or are committed in areas of martial law or during states of emergency they are tried and sentenced as adults. Due to these restrictions, in 1997 only about 40% of crimes committed by 11 to 15 year olds fell under the jurisdiction of juvenile courts.
The number of juvenile correction centres and prisons is very limited and they housed only about 2% of newly convicted children in 1997. Most children are kept in adult prisons which can be detrimental to their social and psychological development.
More attention needs to be paid to crime prevention and not only punishment. Poverty plays an important role in juvenile crime. Juvenile criminals are generally from poor families with uneducated parents and are not in school. Almost half commit theft or robbery. The vast majority of juvenile convicts are male.
Child Soldiers
Children under 15 are not obliged to take part in mobilisation for war. Males do not have to begin the obligatory military service until they reach the age of 20.
Children in Situations of Exploitation
The minimum age for working in Turkey varies with the type of work from 12 to 18 years and is legislated under a variety of different laws. However the extension of basic compulsory education to 8 years and the ratification of ILO Convention 138 by Turkey both suggest that the minimum age should not be less than 15.
The minimum working age is 15 in most cases but children as young as 13 can be employed if the work is not harmful to their health and does not interfere with their education. However certain jobs are covered by the Public Hygiene Act which sets the minimum age at 12, for example, for agricultural work.
Working children in special circumstances include children living and working on the streets and domestic workers. Very little is known about the situation of these children.
The 1994 Child Labour Survey sets the number of children aged 6 to 14 in the labour force at 1.07 million. This means that of every 100 people in the labour force, 5 are children aged 6-14. The labour force participation for rural children is about 15% and under 4% for urban children.
Most children who work do not go to school. They work very long hours - an average of 45 hours per week for urban and 30 for rural children. They usually receive less than the going minimum age but their salaries still represent a very significant part of the total household income.
The Labour Force Participation Rate of boys is higher than girls, especially in urban areas. However overall the Labour Force Participation Rate of children is higher in rural areas. Boys are more likely to stay in school while girls labour is needed in care giving roles in the family. Most young men who are not working are at school whereas young women who are neither counted as going to school nor working tend to work in the home.
Refugee Children
Thousands of people from Bulgaria, Bosnia and Kosova have sought temporary refuge in Turkey while people from Iran and Iraq pass through Turkey on their way to third countries.
There are no national laws concerning refugee children although Turkey has stipulated in its agreement of the Geneva Convention that only refugees from Europe could be considered for asylum.
Article 4 of the Law of Settlement stipulates groups that cannot apply for asylum: those not loyal to Turkish culture, anarchists, spies, gypsies and those who have been deported before.
Refugees entering Turkey must apply to the authorities within 10 days of arrival. Those who are not informed of this condition become illegal residents in Turkey after the 10 day period and may not be able to leave Turkey even if they are granted asylum by a third country.
Asylum seekers must arrange and finance their own accommodation and other expenses. They are not given permission to work. Child asylum seekers cannot attend public schools until their applications are processed but this can often take a long time.
Drug Abuse
The Turkish Criminal Law prescribes heavy sentences for those involved in the production and trafficking of illicit drugs. It prohibits the use of children in the production and trafficking of illicit drugs and the sale of drugs to children. It also prohibits the sale of cigarettes, tobacco products and alcohol to children aged 18 and below.
There is an absence of reliable national statistics on the prevalence of child drug abuse. But the existing findings do indicate that inhalant abuse is especially common among street children and those working in industries where such substances are readily available.
Findings indicate that the majority of children had their first encounter with drugs before the age of 15 and that male children constitute over 90% of drug users.
Two public institutions have been established to address the needs of drug addicts, including children. However, access to such institutions is very limited and they do not address prevention of drug abuse which is the key to curbing its spread.
Sexual Exploitation, Sexual Abuse and the Abduction of Children
The Turkish Criminal Law prohibits any form of sexual exploitation, abuse, abduction, illicit transfer of children for sexual purposes of sale, trafficking or other forms of exploitation.
Only children aged 15 and below are considered as minors and therefore crimes against them are more severely punished. For example, sexual intercourse without consent with a virgin girl 15 to 18 results in 6 months to 2 years but is increased to 5 years if the girls is below 15.
The law prohibits the production and distribution of pornographic material but does not prescribe special provisions for those who use children in pornography.
Individuals under 21 are restricted against working in casinos, bars, cafes, Turkish baths and beaches in an effort to protect children and young people from sexual exploitation.
Protection of Children Deprived of a Family Environment
The Turkish state is bound by legislation to provide for children in need of special protection under certain conditions. Children in need for special protection are those whose physical, emotional or moral development or personal security is at risk or who are separated from one or both parents or who are abandoned, neglected or exploited. These children fall under the authority of SHÇEK. The task of locating these children also rests with SHÇEK but such services are limited, especially in the Eastern region.
SHÇEK provides various services to children in need of special protection including care within the natural family, care at suitable institutions (the most common approach), adoption and foster care. A limited amount of financial assistance is available to needy families currently about one third of the minimum wage for families with up to 3 children. Children aged 13-18 are housed in separate institutions so brothers and sisters are separated.
Children most vulnerable to poverty are those living in the Eastern region, in the gecekondus of rural cities and in female-headed households.
SHÇEK also places older children in suitable jobs and a 1988 law facilitates the placement of children in the public sector.
The day-care centres run by SHÇEK are in high demand, exceeding supply, and are geared to low income families with working mothers.
Adoption and foster care are also practised. However, foster care is not widely practised despite financial incentives from the state due to social and psychological concerns of both foster and natural families.