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

Children in Situations of Emergency
 
 

Refugee Children (Article 22)
 
 

On the issue of refugee children, the basic point which should be looked at is article 22 of CRC which draws the framework of this subject.
 
 

As far as Turkey is concerned, the asylum-seeking child and the refugee child have the same rights which are granted to refugee applicants.
 
 

According to the Constitution of the Turkish Republic:
 
 

"All individuals are equal without any discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such considerations.” (article 10/1)
 
 

"Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable." (article 12/1)
 
 

"The fundamental rights and freedoms of aliens may be restricted by law in a manner consistent with international law." (article 16/1)
 
 

After looking at these provisions, foreigners and refugees may be said to have the same fundamental rights and freedoms of Turkish citizens. Fundamental rights and freedoms of foreigners can be restricted only by law, just like those of the Turkish citizens. However, the law which restricts the fundamental rights and freedoms of foreigners should also be in accordance with international law.
 
 

The 1951 Geneva Convention and the 1967 Protocol relating to the Status of Refugees have been approved by Turkey with the Law No. 359 dated 29 August 1961 and with the Decision No. 6/10266 dated 1 July 1968 of the Council of Ministers.
 
 

The Convention and the Protocol arrange the legal status of refugees in general. Thus, a provision regarding the education right of refugee children has been integrated with the expression that "the states parties" treat the refugees in the same way as their citizens in primary education" in article 22.
 
 

In the 1951 Convention, signatory states were given the option of adhering to the Convention with a geographic preference. Turkey, in the light of this option, became a party to this Convention with a declaration of geographic preference.
 
 

Nevertheless, this limited recognition does not hinder Turkey of extending its hand of help to people from all over the world who are seeking temporary asylum or shelter.
 
 

Despite the fact that Turkey is a party to the Geneva Convention with a geographic preference, asylum seekers from Turkey’s eastern borders are being admitted on humanitarian grounds and solutions to their problems are being sought in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR). An exclusive regulation was issued by the Turkish authorities in 1994 in order to facilitate this procedure.
 
 

The purpose of this regulation is to determine the principles and procedures relating to possible mass influx and the foreigners arriving in Turkey individually or in groups wishing to seek asylum either from Turkey or requesting residence permits from Turkey with the intention of seeking asylum from a third country, under the 1951 Geneva Convention relating to the Status of Refugees and the Protocol of 31 January 1967 relating to the Status of Refugees.
 
 

This Regulation comprises the necessary measures to be taken, the procedure to be implemented for the applications and defines the rules the foreigners have to abide by in the case of possible mass influx and the arrival of foreigners in Turkey either by legal or illegal means, as individuals or in groups wishing to seek asylum either in Turkey or requesting residence permits from Turkey with the intention of seeking asylum in a third country. Article 27 of this Regulation indicates that “within the general provisions possibilities of gainful employment and education limited to their time of stay in Turkey, are accorded to refugees and asylum seekers.”
 
 

Those who meet the conditions set out by the Settlement Law can settle in Turkey by informing the highest administrative official of their region by a written notification. The methods of refugee acceptance are determined by the issuance of the above-mentioned Regulation of the Ministry of Internal Affairs.
 
 

Asylum Seekers
 
 

The Turkish Republic and before that, the Ottoman Empire, have had a long tradition of accepting refugees and provided asylum for those who escaped persecution.
 
 

There were also people who returned to Anatolia in large numbers as the geographical size of the Empire began to shrink, including the descendants of Turks who had settled in the Balkans, the Caucasus, Crimea and other regions.
 
 

In April 1991, around half a million Iraqi nationals, fleeing their country amassed at the Turkish-Iraqi border in the course of only a few days.
 
 

Turkey, in the face of this tragedy, with solely humanitarian considerations, provided shelter and relief to these people with its limited resources. As it has repeatedly done in the course of its history, Turkey acted with compassion and did not hesitate to shoulder its moral responsibilities with courage. However, the magnitude of the problem was too great for any country to handle alone. For this reason, Turkey appealed to the international community for help. According to estimates, the cost of the relief extended by Turkey exceeds 300 million USD.
 
 

More than 300 thousand people of Turkish origin who ran away from forced assimilation in Bulgaria in 1989 have taken refuge in Turkey. Turkey has opened its doors for Bosnians who ran away from the war that broke out in former Yugoslavia in 1992. In the beginning of June 1992, 28 thousand Bosnian refugees came to Turkey. Approximately 4500 of them have settled in Istanbul, 1000 of them have been settled in various provinces and 2500 of them have been settled in the camp in K?rklareli.
 
 

All of the camps were closed in August 1994 due to voluntary returns and the rest of the refugees have gathered in the camp at K?rklareli.
 
 

Children who resided in this camp continued their education in their mother tongues. Those who lived in Istanbul attended language courses at the Social Center of Bosnian Refugees.
 
 

Most recently, Turkey has opened its doors to Kosovar refugees fleeing from ethnic cleansing. The Turkish Government decided to temporarily accept 20 thousand of the Kosovar refugees who fled to Macedonia. One-third of these refugees are children. Turkey exerts efforts to make them feel at home and to make it possible for them to lead a normal life through providing them with education, health and social services which are detrimental to the healthful development of these children.
 
 

Turkey, which is one of the first countries that signed the CRC, provides sufficient facilities for refugee children in terms of the rights and freedoms in the framework of its international commitments.
 
 

Children Affected by Armed Conflicts (Article 38)
 
 

Article 15 of the Turkish Constitution states that, "In times of war, mobilization, martial law, or state of emergency, the exercise of fundamental rights and freedoms can be partially or entirely suspended, or measures may be taken, to the extent required by the exigencies of the situation, which derogate the guarantees embodied in the Constitution, provided that obligations under international law are not violated."
 
 

According to Law No. 3634 on National Defense Service, in cases of general or partial mobilization and in preparation of mobilization under the state of emergency, children under the age of 15, people over the age of 65, those who are disabled and ill, pregnant women and women who have dependant children shall not be held liable (article 1/2).
 
 

According to the Geneva Convention dated 12 August 1949 on the Protection of Civilians at Times of War which has been approved by Turkey on 21.1.1953 with the Law No. 6020, acts of murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical or scientific treatment of a protected person, as well as any other measures of brutality by soldiers or civilians are prohibited (article 32). Taking hostage, collective punishment, individual or collective dispositioning and transfer of people who need to be protected to the countries of the invading forces are prohibited (article 33-34-49).
 
 

The Turkish Red Crescent has the duty of assisting children who are in danger zones and who are in need of protection in places determined by the Government.
 
 

Since 1984, Turkey has been combating the terrorist organization PKK. PKK is a vicious terrorist organization that disobeys the very fundamental of human rights which is the right to life. Those who suffer most from the atrocities of the brutal terrorist organization, PKK, are the children. PKK is responsible for the death of over 30 thousand people, including many children.
 
 

Children in Conflict with the Law
 
 

The Sentencing of Juveniles, in Particular the Prohibition of Capital Punishment and Life Imprisonment (Article 37.a)
 
 

In article 17/3 of the Constitution, it is stated that "No one shall be subjected to torture or ill-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity." In article 243 of the Turkish Penal Code, it is stated that “Any Court or Committee President or member and other government officials who subject the suspects to torture in order to have them confess their crimes or subject them to ill-treatment or treatment incompatible with human dignity shall be sentenced for up to five years to heavy imprisonment and prohibition of civil service for life or a temporary period.” The penalty shall be increased if the action leads to the death of a suspect. According to article 238/2 of Penal Procedure Law “The evidence establishment shall be refused if not in compliance with the provisions of the law.” According to article 135/A of the Penal Procedure Law, the provisions that regulate “the prohibited questioning methods” set forth that “the use of physical and psychological treatments such as torture, ill-treatment or violence is prohibited and evidence obtained by means of these prohibited methods of questioning shall not be accepted." According to article 247 of the Penal Procedure Law "The statement of the suspect issued before the judge can be read as evidence to his testimony." According to these provisions, the statements obtained by means of torture, at police forces or at the offices of the prosecutors cannot be accepted as evidence in trials.
 
 

In case children who are subject to Law No. 2253 on the Establishment, Duties and Trial Procedures of Juvenile Courts commit crimes with the adults, a certificate is issued as a result of the preliminary investigation (article 9). As this provision shall cause the child to be subjected to the same treatments as the adults in the preliminary investigation, measures to protect the child from psychological, physical and social harassment should be taken as of the beginning of the investigation. For this reason, it shall be suitable to have the children subject to trial provisions separately from adults during the preliminary investigations and as of the beginning of the investigations.
 
 

Investigation and prosecution procedures have been regulated as follows within the coverage of articles 18 and 19. These articles state that “in cases of the absence of provisions in law, the provisions of the Penal Procedure Law shall be applied.” It has been set forth in article 26 that the Law No. 3005 on Trial Procedure in Witnessed Crimes which arranges the trial procedures in the preliminary investigations cannot be applied to crimes committed by children.
 
 

Different provisions of the Turkish Penal Code rule for reductions in sentences given to children. This is to prevent the negative effect of sentences on the physical, mental, psychological and social development of children. In the recent application, the age is accepted as a criteria in the distinction of the crimes committed by the children from the crimes of the adults in terms of their types and underlying reasons and specific discounts are applied to the sentences given to children. Due to this fact, age plays an important role in the jurisdiction regarding children.
 
 

Children Deprived of Their Liberty, Including Any Form of Detention, Imprisonment or Placement in Custodial Settings (Articles 37/b, 37/c, 37/d)
 
 

Article 11 of the Law on the Establishment, Duties and Procedures of Juvenile Courts states that "No investigation can be made about and no sentence can be given to those who are younger than 11 years old at the time the crime is committed. However, if the crime requires an imprisonment sentence of more than one year or a heavier sentence, one of the measures specified in article 10 is applied. If sufficient measures will be taken by parents or persons liable of taking care of the child who is younger than 11 years old, other measures may not be applied by the court." Article 12 states that "If the investigation carried out in accordance with article 20 on a child who has completed the age of 11 but has not completed the age of 15 when the criminal act is committed does not require a sentence, one of the measures specified in article 10 may be applied by the court."
 
 

Article 4 of the Law on the Execution of Sentences accepts the age limit of the non-applicability of sentences as below 18. Article 5 of the same law defines fines and foresees sanctions in the case that they are not paid. These sanctions which turn a sentence into a freedom binding punishment are not applied to children. Article 6/2 of the Law on the Execution of Sentences which arranges the postponement of sentences has extended the limit of postponement to 2 years for those who have not completed the age of 18 and for 3 years for imprisonment sentences. These articles are in compliance with the CRC.
 
 

It has been specified in paragraph 2 of article 20 of the Law on Juvenile Courts that an investigation report shall be prepared for the child, "if necessary," prior to the implementation of a sentence and this investigation shall not be realized for some children. The provisions in article 20 of the Law on Juvenile Courts state that this investigation is realized by experts such as social workers or their assistants or pedagogues, psychologists or psychiatrists" and article 30 states that "... social workers or assistants, pedagogues, psychologists and psychiatrists of sufficient number are assigned to every Juvenile Court giving priority to those which need them the most."
 
 

Article 4 of the Law on the Execution of Sentences contains fines and measures which may be applied instead of short term freedom binding sentences (for one year or less) in accordance with article 37(b) of the CRC which states that "No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time." Article 5 of the same law contains the provision that fines for children who are under 18 cannot be turned into an imprisonment sentence. Paragraph 3 of article 6 contains the provision that if the heavy imprisonment sentences for those who have not completed the age of 18 on the date the crime was committed is not more than two years long, the sentence will be postponed.
 
 

Arrest should only be applied as a last resort and it should be kept as short as possible. Any kind of harm to children during their arrest should be prevented and measures such as supervision, settlement near a family or to an education institution should be taken instead of arrest. In article 19 of the Constitution, arrest can only be made with the decision of the judge and arresting without the decision of the judge can only be done in the red-handed cases or in the cases that are considered to be dangerous if delayed. Although articles 104-126 of the Penal Procedure Law define the provisions regarding arrest, special provisions on children are not included. In the last paragraph of article 19 of the Law on Juvenile Courts, it is stated that "the decision of arrest cannot be given for children at the stage of investigation and trial in relation to actions requiring freedom binding sentences of a maximum of three years, provided that the measures specified in article 10 are implemented."
 
 

The sentences for children at the age group of 12-18 are applied with reductions.
 
 

In Turkey, the number of female children who commit crimes is less than the number of male children. Female children whose sentences are certified are kept in a separate place at the Izmir House of Correction for Children.
 
 

If freedom-binding sentences are given to children between the ages of 11 and 15, they are implemented in the houses of correction according to article 12 of the Law on Juvenile Courts. Children defendants who may stay in these institutions until they complete the age of 18 are later send to open prisons. Children who continue their education, who are successful in workshop studies, who generate a positive impression on the administrators and trainers with their good manners and behavior are not sent to open prisons and their period of stay in the institution may be prolonged until the age of 21.
 
 

There are three houses of correction in Ankara, Elaz?? and Izmir. Academic and vocational education is given to children in these institutions. Thus, these children may attend basic education institutions, high schools and their equivalents and faculties according to their ages and requirements just like other children. Some of these children may be educated to win an apprenticeship. In addition to this, they may also attend courses to learn foreign languages and to prepare for the university entrance examination, as well as courses on social and cultural activities.
 
 

Workshops in the houses of correction are carried out and efforts are spent to make the children beneficial to the society.
 
 

Convicted children whose sentences are certified and convicted children who have been issued disciplinary punishments in the houses of correction in the near provinces are sent to the Sinop Juvenile Prison which has treatment activities. Nevertheless, children placed at the Sinop Juvenile Prison cannot benefit from the education and training facilities outside, as those in the houses of correction do. The general instruction of the General Directorate of Sentences and Prisons of the Ministry of Justice regarding the transfer of the condemned children specifies the articles of the Turkish Penal Code which determine the institutions where criminal children will be placed. According to this general instruction children who have been condemned in the framework of article 54 of the Penal Code shall be sent to the Ankara House of Correction, those condemned in the framework of article 55 of the Penal Code shall be transferred to the Sinop Juvenile House of Correction and those condemned on the basis of articles 54 and 55 of the Penal Code shall be transferred to the Elaz?? and Izmir Juvenile Houses of Correction.
 
 

Article 144 of the Penal Procedure Law states that "The person who is arrested or detained may always communicate with his defender in a confidential environment where third parties cannot hear what is said without the requirement of the letter of the attorney. The correspondence of these persons with their defenders cannot be subject to control." The same article contains the provision that letters sent between the arrested person and his/her lawyer and between the arrested person and persons who have the right to decline to stand as witness cannot be seized except for certain cases. Article 91 gives the judge the authority to decide to record letters and telegraphs. Also, the judge is given the authority to control the communication activities of the detainees through the administrators of the institutions. In accordance with article 135 of the Penal Procedure Law, detainees have the right to inform their relatives on their arrest.
 
 

Administration of Juvenile Justice (Article 40)
 
 

The prisons and detention houses contain activities such as reading-writing courses, primary school, high school and vocational and professional education. Preliminary studies for university entrance and independent university study exams, theological subjects that should be given by muftis or preachers, workshop activities and social and cultural activities are among the activities held in these institutions.
 
 

Studies have been initiated for the re-arrangement of the professional education activities applied at the juvenile houses of correction and juvenile prisons. Within the framework of the professional education program of the new treatment model whose application has been initiated in 1995 in the Ankara Juvenile House of Correction, theoretical and practical professional education is given to children between the ages of 15-18 who do not have the possibility to attend basic education institutions under the scope of the formal education system and who are in the institution taking apprenticeship education and professional courses. The basic purpose of this education is to prevent the use of juvenile labour, to orient children towards education and to provide for the acquirement of prestigious professions that are oriented towards production. Integration of this professional education program to the general education system of the country is planned. All stages of this plan are made with the opinions, requests and participation of every child.
 
 

The Law on the Establishment, Duties and Procedures of Juvenile Courts does not contain provisions regarding disciplinary procedures that shall be applied in case of violation of the rules in juvenile houses of correction and juvenile prisons. For this reason, concerned articles of the regulations are utilized. According to these articles, disciplinary measures are applied to the condemned or arrested by the director of the institution such as preventing the child from attending cultural, sports and arts activities for a specific period of time, changing the workplace of the child in accordance with the rules relating to the transfer of the child to another institution.
 
 

Some of the children who complete their sentences are settled in private and public boarding schools and with the support of public and private institutions and volunteer persons and institutions, those who cannot attend schools are settled, provided a job and are observed. Guidance is given in the adaptation of some of the children and for the youngsters who return to their families. There are two “Youth Houses” in Ankara which have been established for sheltering the student children who have no place to go and who should not return to their previous environment.
 
 

Article 34 of the Law on the Establishment, Duties and Procedures of Juvenile Courts contains the provision that misdeed records of the children shall not be submitted to any person or commission except to the judiciary for the purpose of investigation and research and the election committees in the elections to the legislative organs. This is a beneficial provision which has been put into force to help children to integrate with the society.
 
 

In article 1 of the Turkish Penal Code, the principle of legality has been adopted with the wording “No one can be punished for an action which is not clearly defined as a crime by the law. No one can be punished with the penalties other than those specified in law.” Article 2 says that “No one can be punished for an action which is not considered as a crime or misdeed in accordance with the laws of that time.” Similar provisions are present in articles 15 and 38 of the Constitution.
 
 

Article 2 of the CRC points to the “context of innocence” which is one of the most important rights of the suspect. Accordingly, a person is considered innocent until proven guilty and sentenced with a final decree of a court. It has also been arranged as a provision in paragraph IV of article 38 of the Turkish Constitution.
 
 

Another result of the context of innocence is application of the principle of the "reasonable doubt" in favor of the suspect (in dubio pro reo). In case of failure in finding sufficient evidence, the doubt is decreed upon to favor of the suspect. The provisions of the Turkish laws on this subject are in conformity with the CRC.
 
 

According to the Penal Procedure Law (article 135/2), the most natural right of a person who is being suspected of committing a crime and against whom an investigation has been initiated is the right of knowing the accusation against him. This right is also known as the principle of "prior notification" This constitutes the foundation of the defense. A person who does not know what he/she is accused of shall not be able to make an effective defense. There is always the possibility that a suspected person is an innocent person. The right of knowing the accusation is especially important for these innocent people.
 
 

In paragraph I of article 25 of the Law on the Establishment, Duties and Procedures of Juvenile Courts, the provision of having a confidential trial and in paragraph II the provision of the participation of the people who can attend a court trial with the permission of the judge have been arranged.
 
 

The most important principle that shall make the hearing just is the "freedom of evidence." According to this principle, everything can be presented as evidence. Providing that it does not contradict science and logic, everyone can put forward evidence. There is no time restriction in evidence submission. The judge shall evaluate the evidences freely, but he is obliged to put forward a basis.
 
 

The hearings should be realized with the shortest possible intervals and at the stage of appeal, formation of a special department at the Court of Appeals is necessary for concluding the cases rapidly.
 
 

The status of the witness has been arranged in article 45 of the Penal Procedure Law. As a rule, the witnesses are invited in accordance with paragraph 1 of article 45; in case of failure to attend without an excuse, the witness shall be summoned in accordance with article 46 of the Penal Procedure Law. The authority of forced summoning is given to the judge. The Public Prosecutor, however, has been given this right in urgent matters with article 154 of the Penal Procedure Law. At the final investigation, the court can issue a forced summoning decree. In urgencies and matters concerning arrest cases, the court may give an order to attend the court without issuing an invitation. In this matter, children are also subject to the same rules.
 
 

According to paragraph 3 of article 47 of the Penal Procedure Law, family members and relatives of the suspect may abstain from becoming a witness. They will be informed of this right before they are heard. According to of article 52/1 of the Penal Procedure Law, those who have not completed the age of 15 shall be heard without an oath.
 
 

With regards to the hearing of statements and investigations, the suspect cannot be forced to confess.
 
 

According to article 135/2 of the Penal Procedure Law, following the notification of the accusation in article 135/4, the “suspect has the legal right of not making explanations on the accusation.” Moreover in sub-paragraph 5, the suspect is given the right of demanding the collection of the evidences in his favor.
 
 

According to article 135, the suspect has the right to remain silent, thus, at the beginning of the interrogation, he/she shall be asked whether he/she wants to speak out or not.
 
 

Silence of the suspect shall not be considered as an “implicit confession.”
 
 

Moreover, in article 135/a of the Penal Procedure Law, “prohibited questioning methods” have been listed.
 
 

In the Penal Procedure Law article 153/2, it is stated that the public prosecutor shall investigate the matters to the favor of the suspect rather than just those against him/her and shall try to collect and record the evidences that have the risk of being lost.” All these provisions are in compliance with the CRC.
 
 

In articles 27 and 28, the subjects of “objection” and “appeal” have been arranged respectively. Objection and appeal have been arranged in article 297 and the following articles of the Penal Procedure Law. In the cases for which a provision is not found in the Law on the Establishment, Duties and Procedures of Juvenile Courts, the provisions of the Penal Procedure Law are applicable.
 
 

In article 25 of the Law on the Establishment, Duties and Procedures of Juvenile Courts, it is expressed that the hearing of children shall be kept confidential. In the same article, the privacy of the life of the child has been protected by arranging who can attend the jurisdiction and at which stage and by even recognizing the possibility that a child can be taken out of the hearing to serve his/her best interest.
 
 

Privacy should be given the utmost importance to prevent the disclosure of children and the publication of any kind of information with regards to the identification of the child. Article 33 of the Press Law and article 40 of the Law on Juvenile Courts have prohibited all kinds of publications with regard to children under the age of 18.
 
 

There is no legislation other than the Law on Juvenile Courts with regard to development and protection of children. Where the Law on Juvenile Courts is inapplicable, other laws are applied. As a result of the difficulty in being well informed of all the existing laws containing provisions concerning children, some cases end up against the children from time to time. For this reason, all legislation with regards to children must be collected under one law. For this purpose, the Seventh Five-year Development Plan envisaged to establish “an inter-sectorial committee to scan the legislation and prepare the drafts for the necessary modifications in order to fulfill our liabilities with regards to the CRC.”
 
 

The most basic law in Turkey with regards to the juvenile justice system is the Law No. 2253 on the Establishment, Duties and the Trial Procedures of Juvenile Courts. In addition to this, all laws with regard to crimes committed by adults are also applicable to children. The Law No. 2259 on Police Duty and Authorities, the Turkish Penal Code No. 765, the Anti-Terrorism Law No. 3713, the Law No. 2845 on the Establishment and Trial Procedures of the State Security Courts, the Law No. 1412 on Criminal Trial Procedures, the Law No. 2992 on the Organization and Duties of the Ministry of Justice, the Law No. 4358 on the Organization and Duties of the General Directorate of Prisons and Jails, the Law No. 647 on the Execution of Sentences, the Law No. 1721 on the Management of Prisons and Jails, the Law No. 7682 on Judicial Records and the regulations thereof form the juvenile justice system.
 
 

A Guidance Committee has been established with specialist persons in the fields of juvenile law, development, psychology and criminology under the body of the Ministry of Justice. The Ankara Juvenile House of Correction has been chosen as a pilot institution and the studies for modifying the treatment programs have been initiated in this institution.
 
 

Children Under Exploitation
 
 

Children Under Economic Exploitation (Article 32)
 
 

In Turkey, legal arrangements regarding the employment of children can be classified in some groups like minimum age arrangements for children employed in industry, trade, mining, marine works, entertainment sector and prohibitions regarding the employment of children in heavy and dangerous works.
 
 

It is also seen that employment periods, holidays and salaries concerning the working conditions of the juvenile workers are arranged.
 
 

The fundamental legal provisions regarding working children in Turkey are found in the Constitution of the Turkish Republic, the Labor Law No. 1475, and the Law No. 3308 on Apprenticeship and Vocational Education.
 
 

Article 50 of the Constitution states that "No one shall be required to perform work unsuited to his age, sex, and capacity. Minors, women and persons with physical or mental disabilities, shall enjoy special protection with regard to working conditions. All workers have the right to rest and leisure. Rights and conditions relating to paid weekends and holidays, together with paid annual leave, shall be regulated by law."
 
 

Article 49 of the Labor Law No. 1475 stipulates that paid annual holidays of the workers who are 18 or younger cannot be less than 18 days.
 
 

The same law regulates the working conditions of children. According to this, the employment of children younger than 15 is prohibited. However, children who have completed the age of 13 may be employed in light works that shall not harm their health and development, school or vocational education. Working hours of those who attend school are arranged in a way that shall not obstruct school hours.
 
 

Employment of males who have not completed the age of 18 and females at any age in underground and underwater works is forbidden.
 
 

Employment of male children who have not completed the age of 18 and females at any age in industrial works at night is also forbidden.
 
 

Children who have not completed the age of 16 cannot be employed in heavy and dangerous works.
 
 

Before employment, children between the ages of 13-18 (including 18) are examined first by the doctor of the workplace, dispensaries on workers' health and, in case of their absence, by the nearest Social Security Institution, health center, governmental or municipal doctors. It must be certified by a report that they are physically suitable to meet the conditions of the work. They must have a similar medical examination at least once every six months until they complete the age of 18 and it must be controlled whether there is a hindrance to the continuation of their employment in this work. All of these medical reports must be kept in the workplace and must be presented to the authorities upon request.
 
 

ILO agreements which Turkey is a party to and the European Social Charter contain provisions regarding working children. Turkey has approved seven of the ILO Agreements.
 
 

According to the "Children's Seminar" document of the State Institute of Statistics, children are employed for two main reasons. One of them is to contribute to traditional life of the families and the other one is to contribute to the family income.
 
 

Working children can be classified as children employed in the agricultural sector, small-scale industry, the streets and unregistered areas.
 
 

The work places where the children are employed are mostly small establishments which utilize old technology and which are based on hand labor. Due to the lack of supervision, children employed in these establishments are open to all kinds of abuse.
 
 

The children employed under the scope of Law No. 3308 on Apprenticeship and Vocational Training Education have some social security rights and insurance different from other children. Insurance premiums of disease, work accidents and vocational diseases of these apprentices are paid by the State. However, it is known that the scope of this law is not broad. According to 1993 statistics of the Ministry of National Education, 200 thousand apprentices have been trained in 300 apprentice centers during the 1992-1993 academic year. This figure corresponds to 5 percent of the working children according to "Juvenile Employment Questionnaire" of the State Institute of Statistics.
 
 

In Turkey, it is seen that the children under the age of 13 are in work life despite of the fact that their employment is forbidden.
 
 

Since 1990, when Turkey signed the CRC, the Department on Working Children established under the body of the General Directorate of Labor has played an important role in drawing the attention of the relevant public and private sector organizations to this issue. ILO-IPEC (International Program of Elimination of Child Labor) projects which have been initiated within this framework have encouraged studies conducted by various civil society organizations and the Ministry of Labor and Social Security to end child labor. All these efforts had a significant effect on increasing the sensitivity of the public on the issue of child labor.
 
 

Various projects conducted by the ILO-IPEC since 1993 are as follows:
 
 

With the cooperation of ILO/IPEC- Ministry of Labor and Social Security:

• Project for the establishment and strengthening of a Child Labor Unit at the Ministry of Labour and Social Security.

• Project for the training of inspectors on child labor.

With the cooperation of ILO/IPEC- Fi?ek Institute:
 
 

• Health services for the children employed in small-scale establishments.

With the cooperation of ILO/IPEC-Ankara Metropolitan Municipality:
 
 

• Project for the children working in the streets of Ankara.

With the cooperation of ILO/IPEC- the State Institute of Statistics:
 
 

• Research on child labor at the national level.

With the cooperation of ILO/IPEC-Turkish Development Foundation:
 
 

• Research project on children working in rural areas.

With the cooperation of ILO/IPEC- TÜRKI? (Trade Union):
 
 

• Strengthening of trade unions on juvenile labor.

With the cooperation of ILO/IPEC-TISK (Trade Confederation):
 
 

• Training of administrators on juvenile labor.

With the cooperation of ILO/IPEC-Research team of the Social Service Specialists Association:
 
 

• Research project on children working in the streets of Istanbul.
• National immigration research project.

Prohibition of the employment of children in some areas, without taking socio-economic conditions into consideration, leads to the secret employment of children whereby they face more abusive conditions. To prevent this, an effective supervision mechanism should be put in place in addition to the legal arrangements.
 
 

According to the Labor Law (No. 1475), the minimum age for employment is defined as 15 as a rule and as 13 for exceptional "light works." However, due to the fact that this provision is void in places where three people or more are employed, the minimum working age is 12, as specified in article 173/1 of the Common Hygiene Law No. 1593.
 
 

In the past there was no important difference between the age of completing compulsory education and the minimum employment age, which caused children starting to work at an earlier age. The extension of compulsory education to eight years constitutes an achievement also in the harmonization with the Law No. 1475 which aims to prevent the employment of children under 15.
 
 

Economic and social assistance mechanisms for the families whose children have to work due to economic reasons are developed in order to provide these children with education opportunities.
 
 

There are institutions such as the “Center for children employed in the streets of Ankara,” an ILO/IPEC project, to which working children may apply for their problems in their work places, families, schools and friendship relations.
 
 

Drug Abuse (Article 33)
 
 

As regards drug abuse and addiction, children and young persons are the most vulnerable groups. In fact, statistics on Turkey show that three fourths of the addicts in Turkey have started taking narcotic drugs or solvents before the age of 30. With a young population of over 25 million, Turkey is aware of the fact that the matter needs urgent attention as the drug pushers’ main target has become the schools and universities and other localities frequented by children and young people.
 
 

On the legal side, the Turkish Penal Code regards drug trafficking as a grave crime for which the offender is liable to receive prison sentences of more than five years (article 403). Heavier sentences are given to those who are consistent in this illicit trade and/or are carrying it out in an organized manner.
 
 

To tackle the problem, a governmental body has been set up under the chairmanship of the Minister of State for Family Affairs in July 1997. This body consists of a Committee and a Sub-Committee where the concerned ministries, educational, legal and social institutions are represented.
 
 

The governmental body is given the task of arousing public awareness on the drug problem. In this respect, special attention is given to the training of personnel in the education sector and launching of campaigns in order to enlighten the parents on the dangers of drug abuse that threatens their children.
 
 

Likewise the drafting of the laws, rules and regulations and advising the Government accordingly are also to be undertaken by this body.
 
 

The Turkish Penal Code lays the necessary ground for the prevention of the abuse, sale and smuggling of drugs and the protection of children. For example, there are provisions which prohibit the sale of alcohol near schools. Sale of alcoholic beverages to children under 18 is also prohibited.
 
 

Medical institutions oriented towards drugs and addictive substances in Turkey have created a specialized structure on this issue.
 
 

Sexual Exploitation and Sexual Abuse (Article 34)
 
 

There are legal arrangements in Turkey regarding the protection of children from sexual abuse.
 
 

Sub-paragraph (c) of article 11 of the Law No. 2559 on the Duties and Authorities of the Police states that “those who produce and sell films, records, videos and cassettes which are in contradiction with the general morality and manners will be obstructed even if there is no application or complaint.
 
 

Real and legal persons who record tapes and video cassettes for commercial purposes have to give one copy of these tapes and cassettes to the local civil authorities before they are broadcasted.”
 
 

Article 12 of the aforementioned Law states that “employment of girls and women in casinos, bars, cafes and similar places serving alcoholic beverages, baths, Turkish baths and beaches depend on the permission of the local civil authorities. Men and women who are under 21 cannot be employed in these places in any way.
 
 

Police prohibits the admittance of those under 18 to bars, cafes and pubs, even if they are accompanied by their parents and guardians.
 
 

Relevant articles of the Turkish Penal Code regarding the penalties applied in case of the sexual abuse of children are as follows:
 
 

According to article 435 of the Turkish Penal Code:
 
 

Those who encourage a child who has not completed the age of 15 to prostitution and those who shall facilitate this shall be imprisoned for a period of not less than two years and sentenced to a heavy fine.
 
 

If the child is encouraged to this path by one of the sisters or brothers of the child, those who adopted the child or the parent or guardian of the child, teacher or trainer or servants or other persons whom the child is entrusted with the care of, the imprisonment period will be a minimum of three years.
 
 

Penalties for sexual exploitation of the children are as follows:
 
 

According to article 414, “Those who shall seduce a child who has not completed the age of 15 shall be punished with heavy imprisonment sentence of not less than five years.”
 
 

If the action shall be realized through the use of pressure, force or threat against a child who is in the position of not being able to resist the action due to mental or physical disorder or through the use of tricks, the period of imprisonment shall not be less than 10 years.
 
 

According to article 415, “Those who commit an act or action against the honor and chastity of a child who has not completed the age 15 shall be imprisoned from two to four years and if this act and action shall be executed under the conditions specified in the second paragraph of the above article, the imprisonment period shall be 3 to 5 years.”
 
 

According to article 416, “Those who seduce a person who has completed the age of 15 by means of pressure, force or threat or who commit this action against a person who is not able to resist the action due to a mental or physical illness or a reason other than the act of the concerned or due to tricks shall be imprisoned for a minimum of 7 years.”
 
 

Those who have a sexual relation with a person who is not of legal age, with his/her own will, shall be punished with an imprisonment sentence of 6 months to 3 years, if the action does not involve a heavier sentence.
 
 

According to article 417, “If the acts and actions specified in the above articles shall be committed by more than one person or committed by one of the brothers, family members, parents, guardians, teachers, trainers or servants or those to whom the child is left, the penalty foreseen by the law shall be increased by half.”
 
 

According to article 418, “If the aforementioned acts and actions shall lead to the death of the victim, the concerned shall be given a heavy life imprisonment sentence.”
 
 

Immigration from rural areas to provinces, rapid and irregular urbanization, unemployment and poverty lead to the less use of educational possibilities by children of families living under poor conditions, an increase in the number of run-away cases and the exploitation of children in environments where they find themselves in prostitution, begging and crimes. The increase from 5 to 8 years of compulsory basic education has been a very positive step to combat this problem.
 
 

In the international field, Turkey supports the Additional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography, which it considers as an important step for bringing these issues to the attention of the international community.
 
 

Children Under Other Forms of Exploitation (Article 36)
 
 

The state protects children against all kinds of exploitation that shall damage their health in any way.
 
 

According to article 41 of the Turkish Constitution:
 
 

“The family is the foundation of the Turkish society.
 
 

The State shall take the necessary measures and establish the necessary organization to ensure the peace and welfare of the family, especially the protection of the mother and children, and for family planning education and application.”
 
 

According to article 42 of the Constitution, "No one shall be deprived of the right of learning and education.
 
 

The scope of the right to education shall be defined and regulated by law.
 
 

Primary education is compulsory for all citizens of both sexes and is free of charge in State schools.
 
 

The State shall provide scholarships and other means of assistance to enable students of merit lacking financial means to continue their education. The State shall take necessary measures to rehabilitate those in need of special training so as to render such people useful to society."
 
 

According to article 267 of the Civil Code, “The mother and father have the right of giving discipline to their children.”
 
 

Article 272 of the Civil Code states that “In case the mother and father do not fulfil their obligations, the judge is obliged to take the necessary precautions for the custody of the child.”
 
 

“A person who causes a possible risk of damaging the health of a person who has been entrusted to him for necessary training, maintenance, teaching, by misusing his/her power to discipline shall be imprisoned for up to 18 months.” (article 477 of the Turkish Penal Code)
 
 

In article 273 of the Civil Code it is stated that “If the physical or mental development of the child shall be found under risk, or if the child is emotionally abandoned, the judge shall have the right to take the child away from the parents and give the custody to a family or an establishment.”
 
 

According to article 274 of the Civil Code, “The judge may take away the right of custody from the parents who cannot fulfill the custody or who severely neglect their child.
 
 

When the custody is taken from the parents, a guardian shall be allocated to the child. The provision of this decree shall include the children to be born in the future.”
 
 

Articles of the Turkish Penal Code regarding this subject are as follows:
 
 

“A person who eliminates or changes the heredity of a child shall be sentenced to imprisonment from one year to five years.” (article 445)
 
 

“A person who gives a legitimate child to an infirmary by means of concealing his/her identification or leaves the child on the streets shall be sentenced to an imprisonment of 3 months to 2 years.
 
 

If the concerned person is a relative of the child, the imprisonment shall be increased to 1 year to 3 years.” (article 446)
 
 

According to article 478 of the Penal Code, “A person who mistreats a child under the age of 12 in a way that cannot be justified shall be imprisoned for up to 30 months.
 
 

If this mistreatment is done by a family member of a relative of the child, then the period of imprisonment shall be increased to 3 months to 3 years.
 
 

Article 545 of the Penal Code states that “A person who gathers children under the age of 15 and forces them to beg, or who lets or makes a child who has been left under his custody to do so shall be imprisoned for a period of not less than three months and sentenced to a fine….”
 
 

Sale, Trafficking and Abduction of Children (Article 35)
 
 

The concepts of child abduction, sale and trafficking should be taken into consideration together.
 
 

In the Turkish legal system, the issue of abduction has been first examined in the section of the “Crimes Against the Freedom of the Individual” of the Turkish Penal Code and the actions that restrict the freedom of the individual and are committed without his/her own will are evaluated under the scope of crimes.
 
 

If one deprives another person’s of his/her freedom illegally, he/she shall be sentenced to imprisonment from 1 year to 5 years and a heavy fine.
 
 

If the criminal resorts to force or threat or commits such an action for the purpose of revenge, religion, material benefit excluding the cases specified in article 499 or for any purpose resulting from differences in political, ideological, social opinion or delivery of the victim to a foreign country for military service, the sentence shall be changed to heavy imprisonment from three to eight years and a heavy fine.
 
 

According to article 179 of the Turkish Penal Code, "In case of the commitment of the actions specified in the above paragraphs with weapons by more than one person, the sentence shall be half folded.
 
 

Article 180 of the Penal Code states that "If the concerned releases the individual with his own will without giving any damage to the individual who is deprived of his/her freedom and without attaining his/her objective before the investigation, the sentence shall be reduced from 1/6 to half.”
 
 

"Those who trick a child who has not completed the age of 15 and encourage him/her to do prostitution and facilitate this shall be sentenced to imprisonment for a minimum of two years.
 
 

If a child is tricked into prostitution by one of his/her brothers or parents or guardians, those who adopt the child, teacher or trainer or servants or other persons in whose control the child has been entrusted, an imprisonment penalty of a minimum of 3 years shall be given.
 
 

If those who have been subject to this kind of treatment have completed the age of 15 but are not over the age of 21, the concerned shall be imprisoned between 6 months to 2 years and sentenced to a heavy fine penalty." (article 435)
 
 

“Those who shall destroy or modify the heredity of the child by hiding him or replacing him with another child shall be penalized with an imprisonment sentence from 1 year to 5 years.” (article 445)
 
 

The abduction for a ransom purpose which is considered among the reasons of abduction action are examined in article 449 of the Turkish Penal Code. According to this article:
 
 

"Those who imprison or kidnap an individual for the purpose of taking money or belongings or a title-deed which is legally in force, he/she shall be sentenced to heavy imprisonment from 15 to 20 years if the objective is not attained. In case of the attainment of the objective, the upper level of the sentence shall be applied."
 
 

Also, despite the fact that those who are under 18 are considered children in the Turkish legal system, the age of 15 is considered as the basis in some actions. (article 182 and 435)
 
 

Legal arrangements on adoption are examined in articles 235-258 of the Turkish Civil Code. Adoption is realized with mutual consent of the persons and with the permission decree of the Common Court of Justice.
 
 

However, sometimes, newborn babies are abducted from hospitals for adoption or families with low socio-economic levels with many children have attempted to sell their children after their birth.
 
 

The legal arrangements in Turkey regarding the issue of the sale, trafficking and abduction of children are in compliance with the CRC. Turkey is evaluating areas for improvement.
 
 

Children Belonging to Minority Groups (Article 30)
 
 

Article 24 of the Turkish Constitution guarantees the freedom of conscience, religious belief and conviction. This is in compliance with both the Lausanne Treaty of 1923 and the CRC.
 
 

The rights of the minorities are laid down as follows in the Lausanne Treaty (articles 34-37) (according to the Lausanne Treaty, minorities in Turkey are Greeks, Armenians and Jews):
 
 

Article 38 of the Lausanne Treaty states that “all inhabitants of Turkey shall be entitled to free exercise, whether in public or private, of any creed, religion or belief, the observance of which shall not be incompatible with public order and good morals.”
 
 

In accordance with article 40 of the Lausanne Treaty, non-Moslem minorities have equal rights to establish, manage and control at their own expense any charitable, religious and social institutions, any schools and other establishments for instruction and education with the right to use their own language and to exercise their own religion freely therein.
 
 

As regards public instruction, Turkey has undertaken to grant in those towns and districts, where a considerable proportion of non-Moslem nationals are resident, adequate facilities for ensuring that in the primary schools the instruction shall be given to their children in their own language.
 
 

Turkey has placed a reservation to article 30 of the CRC by keeping the right of interpretation in accordance with the spirit of the Constitution of the Turkish Republic and the Lausanne Treaty.