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

Non Discrimination (Article 2)

Equality is stated in article 10 of the Constitution as an inalienable human right. According to this article, "Everybody is equal before the law irrespective of his or her language, race, sex, political and philosophical belief, religion, sect and other differences."

Privileges shall not be granted to any person, family, group or class.

All State organs and administrative authorities are under the obligation to comply with the principle of equality before law in all their actions.

The Turkish legislation is governed by the egalitarian philosophy of the Constitution.

Article 8 of the Civil Code says that "Everybody benefits from the civil rights and, therefore, everyone is equal to contract debentures and acquire assets in conformity with the laws."

The Law No. 2828 on Social Services and Child Protection Agency reiterates the principle of equality by stating in its article 4(d) that "Differences in class, race, religion, sect or region may not be considered in the provision of social services."

The Charter of the Turkish Red Crescent Association states the principle of equality as one of its guiding principles. In article 2(2) of its Charter, it is stated that it "...will act in conformity with the tenets of the principles of humanitarianism and equality that are the mainstays of the Red Cross philosophy."

The Constitution prohibits discrimination by emphasizing the principle of equality in the Civil Code and in the legislation dealing with children. Therefore, the principle of the prohibition of segregation, as promoted by the CRC, is also in harmony with the Turkish laws.

Best Interests of the Child (Article 3)

The best interests of the child are guaranteed by several provisions of the Turkish Constitution.

Article 42(2) of the Constitution says that "The State will adopt appropriate measures for protecting children and establish the institutions needed therefore."

Article 42(7) indicates that: "The State will support talented children without sufficient financial means, through fellowships and other means to ensure that they continue their education."

In article 50(2) it is stated that "Minors, women and persons with physical and mental handicaps will be protected by special provisions as to their working conditions."

Article 56(3) indicates that "The State will centrally plan the establishment and services of the health institutions for ensuring that all citizens pursue their lives with good physical and mental health, that economy and productivity improve, in terms of manpower and materials, and that cooperation is enhanced.”

Children's prime interests are considered also in several other laws in addition to the Constitution: article 273 et sequitur of the Civil Code; articles 53, 54, 414, 415, 416, 423, 430, 435, 436, 445, 446, 473(I), 474, 476, 478, 545, 550 and 574(2) of the Civil Code; article 12(2) of the Penal Procedure Law; articles 11(b) and 12(3) of the Law on Duties and Authorities of the Police; articles 1, 2(1), 4(2) and 4(3) of the Law on Protecting Minors from Inappropriate Publications.

The part titled "General Principles" of the Law on Social Services and Child Protection Agency states in its article 4(c) that "Children, the disabled and needy persons requiring protection will be given priority in the implementation of social service programs." Article 9(b), itemizing the Organization's duties, confirms the consideration of children's prime interests by saying that "The Organization is responsible for finding and protecting children, the disabled and the aged requiring help, establishing and operating, in conformity with article 4, the social service facilities defined in article 3 and rehabilitating the persons placed under protection." The prime interests of the children is also touched on in article 9(c) which says that the Organization will "... establish facilities to the extent of the means at its disposal for the care of the children of working parents and those employed abroad."

Regarding the measures to be applied for the children, article 8 of the Law on Juvenile Courts contains the following provision: "The measures enumerated in article 10 may be adopted by the court of the place where the crime is committed or, from the viewpoint of the child's interests, by the court of the place where the child's family or where the persons with whom the child resides."

Similarly, articles 21 and 22 of the Law on Social Services and Child Protection Agency and article 10 of the Law on Juvenile Courts declare that all appropriate measures will be taken to protect children whose safety is at risk.

It may be said therefore that the Turkish law ascribes a great deal of importance to the children's benefits and considers their protection as a general principle. Thus, the Turkish legislation is in harmony with the CRC.

The Right to Life, Survival and Development (Article 6)

Article 17(1) of the Constitution states that everybody has the right to live and protect and develop his or her material and spiritual existence and its article 19(1) reiterates that everybody individually has the right of freedom and security. This means that citizens and aliens alike, children and adults have guaranteed rights to live.

Article 453 of the Turkish Penal Code foresees an imprisonment from four to eight years for any mother who kills her child born out of wedlock (to protect and preserve her prestige). This article aims at protecting the right to live of any infant who is not in a position to choose between being born in or out of wedlock. However, the penalty introduced by this article is not sufficient to create a sufficient deterrent. For this reason, an increase of the penalty would be appropriate from the viewpoint of the objective envisaged in article 6 of the CRC.

Respect for the Child's Opinion (Article 12)

Articles 25 and 26 of the Turkish Constitution declare that everyone has the right of thought and opinion. No one can be forced to express or blamed because of his/her thought and opinions.

The Turkish Civil Code expects the family to seek the child's opinion and rules in its article 265 that the parents will supervise the vocational education of their children and take into consideration as much as possible their strengths, capabilities and preferences. Article 254 says that a person with discernment power may not be adopted against his/her will.

For some situations regarding the use of guardianship and tutorship rights on the children, the courts have a vast judicial discretion under articles 148(1) and 274(2). The judicial discretion is arranged by article 4 of the Civil Code by declaring that the judge will decide with the principles of equality and justice on matters in which the law grants a discretionary power to the court. This provision permits the judge to take the opinions of the children whenever necessary in using his/her discretion.