Compilation of Turkmeni legislation relating to children's right to be heard

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The Rights of the Child (Guarantees) Act

 

Article 23 of the Rights of the Child (Guarantees) Act stipulates:

 

“The State shall protect the rights and legitimate interests of children.” This protection “shall be afforded, in the family, by the parents (or legal representatives), and in educational institutions and specialized medical rehabilitative institutions, by the administration of the institution, the central and local authorities, and relevant voluntary organizations”.

 

The Family Code

 

CHAPTER III – The Family

Part 8: RIGHTS AND RESPONSIBILITIES OF PARENTS FOR THE UPBRINGING OF CHILDREN

Section 63. The responsibilities of parents for the upbringing of children

Parents are obliged to bring up their own children, to care for their physical development and education, to prepare them for socially beneficial labor, to develop them as worthy citizens of socialist society.

Parental rights cannot be realized in contradiction with children's rights.

 

Section 64. Responsibilities of the parents for the protection of the rights and interests of children

 

The protection of rights and interests of minor children is assigned to their parents.
Parents are recognized as the legal representatives of their minor children and speak out in defense of their rights and interests in all institutions, including judicial ones, without special permission (authority, power).

 

Part 13: GUARDIANSHIP AND TRUSTEESHIP

 

Section 163. Civil law obligations of guardians and trustees

Guardians are the legal representatives of their wards and carry out, in their name and in their interests, all necessary transactions.

Trustees provide their wards assistance with the implementation of their rights and fulfillment of their obligations, and also protect them from abuse from the side of third parties.

Trustees of a minor from the ages of fifteen to eighteen give their agreement to the carrying out by the wards of those transactions which, by law, a minor does not have the right to carry out independently.

 

The Civil code

 

Article 31. Guardianship and tutorship

 

1. Guardianship and tutorship shall be established for protection of rights and interests of incapable natural persons or natural persons with limited active capacity.

2. Guardians and tutors shall appear for defense of rights and interests of wards in relations with any persons and organizations, including courts without special competency.

3. Guardianship and tutorship shall be established over under age natural persons in the absence of parents, adopters, and depriving of paternal rights by court, as well as in cases when such persons on other reasons shall remain without paternal care, and, in particularly, when parents shall avoid their breeding or protection of rights and interests.

 

Article 33. Tutorship

 

1. Tutorship shall be established under natural persons with limited active capacity.

2. Tutors shall approve perpetration of deals which wards have not rights to perpetrate independently.

Tutors shall assist to wards in realization of their rights and fulfillment of obligations, as well as shall protect them from abuse of third persons sides.

 

Article 34. Organs of Guardianship and Tutorship

 

1. Organs of Guardianship and Tutorship shall be local government organs, and where there are not- chaykhims of etraps or towns.

 

Article 35. Guardians and Tutors

2. Guardian or Tutor can be appointed only with his approval. At this shall be taken into consideration his moral and other personal features, ability to execute obligations of tutors or guardians, relations existing among him and person being required in guardianship and tutorship, and if possible - willing of ward.

 

 

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