(extracts from the UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD INITIAL STATE REPORT TURKEY 1999 - ANKARA)
 
 

Name and Nationality (Article 7)
 
 

The rights stated in the part of the CRC dealing with the basic rights and freedoms of children are also reiterated by the Turkish Constitution in article 66. Rights and freedoms as prescribed in the Turkish Constitution are in conformity with the terms of the CRC.
 
 

"Everyone bound to the Turkish State through the bond of citizenship is a Turk.
 
 

The child of a Turkish father or a Turkish mother is a Turk. The citizenship of a child of a foreign father and a Turkish mother shall be defined by law.
 
 

Citizenship can be acquired under the conditions stipulated by law, and shall be forfeited only in cases determined by law.
 
 

No Turk shall be deprived of citizenship, unless he/she commits an act incompatible with loyalty to the motherland.
 
 

Recourse to the courts, against the decisions and proceedings related to the deprivation of citizenship, shall not be denied."
 
 

The Citizenship Law deals in detail in its articles 1-18 with the acquisition of citizenship on the basis of the principles of jus soli and jus sanguinis.
 
 

This law arranges the citizenship of children born to Turkish parents, to a Turkish mother and a foreign father and to a foreign father and a Turkish mother. The right to acquire Turkish citizenship is also granted to foreign children who are born in Turkey and do not acquire citizenship from their parents by birth or to heimatlos children who do not obtain citizenship because of the statelessness of any of their parents.
 
 

The citizenship rights are also granted to children found within Turkish territory with unknown parents.
 
 

The children are named by their parents according to the provisions governing parenthood in article 264(3) of the Civil Code. Article 259 of the Civil Code states that "A legitimate child will bear his or her father's name and acquire his citizenship rights."
 
 

Under article 311(1), a child born out of wedlock and entrusted to the guardianship of the mother will bear her name, acquire her nationality and obtain vis-a-vis the mother and her relatives all rights and duties incumbent upon a legitimate child.
 
 

Article 312 contains a provision to the effect that the child whose affinity to the father is established by a verdict of paternity will bear the father's name and acquire his citizenship.
 
 

Thus, citizenship rights of children handled in the CRC are provided completely by the Turkish legislation.
 
 

All births are reported to the civil registry office within one month under article 39 of the Civil Code which adds that a person who finds a child with unknown parents will deliver him/her to the State. Articles 5, 7 and 16 of the Law No. 1587 on Civil Registry introduce a number of legislation regarding entries on the register. The amendments made by the Law No. 3080 of 15 November 1984 expand the scope of the persons and agencies responsible for the registration of children in the provisional articles 1 and 2.
 
 

Persons in charge of registering civic matters have to report all births, marriages, divorces, deaths, absentees, corrections of parentage, recognition and adoptions under article 5 of the said law.
 
 

The declaration is deemed to have been duly made when the birth certificates together with certified identity documents of the concerned persons are delivered by mail.
 
 

The health institutions and physicians have to prepare reports on all births and deaths under their control and to send them to the concerned applicants pursuant to article 7.
 
 

Birth certificates of all children are retained by the civil registries to which they are addressed.
 
 

Births are reported within one month thereafter by the father or, in case of his absence, unavailability, illness or interdiction, by the guardian or tutor under the signatures of two witnesses in accordance with article 16.
 
 

There is an obligation to report the births at the maternity hospitals, prisons, and penitentiaries in ships, trains and aircraft. Despite these strict measures on civil registry, there are still a large number of children who are not registered in rural areas.
 
 

Under article 49 of the Basic Law on National Education, the village administrators and administration boards are in charge of determining the children who do not have an identity card and those who are not registered on the civil registries.
 
 

Preservation of Identity (Article 8)
 
 

Under article 12 of the Turkish Constitution, "Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable" and "the fundamental rights and freedoms also include the duties and responsibilities of the individual towards society, his family, and other individuals."
 
 

The Turkish Civil Code introduces the arrangements on the protection of personality in its articles 23 through 34. According to its article 23, "Civil rights may not even partially be waived nor may they be restricted against the law and general ethics with the exception that the biological matter of human origin may, under approval of concerned persons, be removed, inoculated and transplanted."
 
 

Article 24(a) recognizes the right to sue and article 25, the right of protection of the name.
 
 

Therefore, the Turkish legislation is in harmony with the CRC.
 
 

Freedom of Expression (Article 13)
 
 

The Turkish Constitution guarantees the freedom of speech and thought in its articles 25 and 26.
 
 

According to article 25, "Everyone has the right to freedom of thought and opinion" and "No one shall be compelled to reveal his thoughts and opinions for any reason or purpose; nor shall anyone be blamed or accused on account of his thought and opinions.
 
 

Article 26 of the Constitution is as follows: "Everyone has the right to express and disseminate his thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. This right includes the freedom to receive and impart information and ideas without interference from official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema and similar means to a system of licensing.
 
 

The exercise of these freedoms may be restricted for the purposes of preventing crime, punishing offenders, withholding information duly classified as a state secret, protecting the reputation and rights and the private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper functioning of the judiciary.
 
 

No language prohibited by law shall be used in the expression and dissemination of thought. Any written or printed documents, phonograph records, magnetic or video tapes, and other means of expression used in contravention of this provision shall be seized by a duly issued decision of a judge or, in cases where delay is deemed prejudicial, by the competent authority designated by law. The authority issuing the seizure order shall notify the competent judge of its decision within twenty-four hours. The judge shall decide on the matter within three days.
 
 

Provisions regulating the use of means of disseminating information and ideas shall not be interpreted as a restriction unless they prevent the dissemination of information and thought."
 
 

Restrictions to freedom of expression and thought stated in the Constitution are in conformity with the European Convention on Human Rights.
 
 

Access to Appropriate Information (Article 17)
 
 

The Turkish Constitution provides freedom of press in its article 28 under the heading of provisions dealing with the freedom of press and publication. According to this article, the press is free and shall not be censored.
 
 

The Law No. 1117 on the Protection of Minors Against Nefarious Publications introduces restrictions on periodicals and publications which are capable of having nefarious effects on the morals of persons under eighteen years of age and contains also penal provisions.
 
 

Article 4(m) in Part 2 covering the broadcasting principles in the Law No. 3984 on the Establishment and Broadcasts of Radio and Television Facilities is on the prevention of broadcasts likely to exert an unfavorable influence on the physical, mental, psychic and moral development of minors.
 
 

Article 12 covering the control of movie and video films and musical works harmful for the minors indicates that "The broadcast of inappropriate movie and video films and the performance of such musical works for minors under 16 years of age will not be permitted."
 
 

The same article continues by saying that this minimum age limit shall be displayed in a non-ambiguous manner in the posters, photographs and handouts announcing them and in the generics of movie and video films.
 
 

Article 5(9) of the Regulation on the Guidelines and Principles of Advertisement and Broadcasting on Radio and Television declares that children will not be used to convey commercial messages for products and services which they will not utilize directly themselves, nor may they appear in advertisements which contain aspects likely to impair their physical and psychological growth and development. A further provision of this article says that children may not appear in advertisements using the language, behavior, clothing, make-up and appearance of adults.
 
 

Article 10 of this regulation is about advertisements intended for children. These advertisements are defined as those oriented to persons under 15 years of age, covering the products and services that they will consume. Elements likely to exert adverse effects on their physical, sentimental, intellectual and social development may not be embodied in advertisements intended for children or those in which children are used.
 
 

The advertisement guiding principles which are outlined in article 18(c) of the same regulation states that news bulletins, current programs and children's hours may not be interrupted by advertisement spots if they last less than 30 minutes while article 18(d) specifies that the time allocated for advertisements may not exceed six minutes in any one-hour broadcast period and advertisements may not be placed by subscripts, logos or frames in news bulletins and in religious and children’s programs.
 
 

Turkey ratified on 4 November 1993 the Law on the Establishment and Broadcast of Radio and Television Stations that introduced major innovations for the protection of children.
 
 

Freedom of Thought, Conscience and Religion (Article 14)
 
 

As indicated under part 4.3. titled "Freedom of Expression" (page 32), articles 24, 25 and 26 of the Turkish Constitution are on the freedoms of thought, conscience and creed as basic individual rights and the Civil Code states in its article 265 that the parents manage and control their children's vocational education and take into account, as much as possible, their strengths, capabilities and desires.
 
 

Article 24(4) of the Constitution states that the religion and ethics education will be given under State supervision and control, that religious culture and ethics will be taught among the compulsory topics in the primary and secondary education institutions and that any other religious education beyond this will be given only upon the request of the incumbents and upon the approval of legal representatives of the minors.
 
 

Pursuant to article 12 of the Law on Basic National Education, secularism is the guiding principle in the Turkish national education system.
 
 

Freedom of Association and Peaceful Assembly (Article 15)
 
 

Article 33 of the Constitution says that everyone has the right to form associations without previous permission and no one shall be compelled to become or remain a member of an association.
 
 

Article 4 of the Law No. 2908 on Associations states that all persons having the capability of using his/her civil rights and who are over 18 years of age may form associations without having to obtain a permission in advance.
 
 

Article 16/1 of the Law No. 2908 on Associations declares that all persons who complete their eighteenth year of age and have legal capacity may become members in associations.
 
 

In harmony with article 15 of the CRC, article 34(1) of the Turkish Constitution entails the right to organize meetings and demonstration marches by saying that everybody has the right to hold meetings without prior permission. Article 34(2) of the Constitution states that, "The formalities, conditions, and procedures governing the exercise of the right to hold meetings and demonstration marches shall be prescribed by law."
 
 

Article 2 of the Law on Associations confirms that persons over 18 years of age and having legal capacity may establish associations without permission. However, students in public and private secondary education institutions may not become founders of associations even if they have completed their eighteenth year of age.
 
 

Protection of Privacy (Article 16)
 
 

Article 20 of the Turkish Constitution which says that everyone has the right to demand respect for his/her private and family life is in harmony with the article 16 of the CRC.
 
 

The Constitution's article 21 refers to the inviolability of residence. All relevant authorities are obliged to respect this right unless there is a decision issued by the judge in situations clearly enumerated by law.
 
 

The articles 193, 195 to 197 and 480 to 482 of the Turkish Penal Code offer protective measures for the inviolability of private life.
 
 

The Right not to be Subjected to Torture, Inhuman or Degrading Treatment or Punishment (Article 37/a)
 
 

According to article 17 of the Turkish Constitution, everybody has the right to life and to protect and develop his or her physical and spiritual integrity. The physical integrity of the individual is inviolable except under medical necessity and in cases prescribed by law. The individual shall not be subject to scientific or medical experiments without his/her consent. Nobody may be tortured and subjected to penalties or treatment incompatible with human dignity.
 
 

Article 19 of the Constitution states that everybody has the right to liberty and security.
 
 

Children not over 11 years of age at the time of the perpetration of a crime will not be prosecuted or punished and if they commit misdemeanors necessitating an imprisonment of one year or over, they

may not be placed on State penitentiaries or prisons and will be delivered to their parents or tutors in

accordance with article 53(1) of the Turkish Penal Code of which article 54 states that those between 11 and 15 years of age at the time of perpetration of a crime will be subject to article 53 if they lack discernment power and the ability to judge. If, however, the child is conscious of the fact that the act which he/she committed constitutes a crime, the child will be punished with reductions.