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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Turkey - 8th Session - 2010 Scroll to: National Report 87. Turkish education system is based on Article 42 of the Constitution stating that “no one shall be deprived of the right of learning and education” and “primary education is compulsory for all citizens of both sexes and is free of charge in state schools”. 88. The basis of Turkey’s education policies is to ensure that all citizens, regardless of language, race, color, gender, political thought, philosophical belief, religion or sect, enjoy their right to education in accordance with modern science and education, endowed with equal rights and opportunities. 89. Since 1998, compulsory primary education is increased to 8 years. Thus schooling rates in primary education is raised to 90 per cent. There are more than 14 million school children in Turkey. 90. Legally every parent is obliged to ensure his/her child’s regular attendance to primary education institutions. As to secure equal access to education in an uninterrupted manner student-centred local, regional and national programs are put in place. 91. Enrolment and attendance statistics are followed through e-school database so that non-schooling and drop-out cases can be easily detected. School drop-outs are monitored and supported with complementary projects such as “Come on girls, let’s go to school!” and “Recovery Education”. School drop-out rate is reduced below 1 per cent in the primary education. 92. There are social subsidies to increase schooling rate. The Conditional Cash Transfer System is monthly payments to families in need conditional to regular attendance of their children. The Directorate General for Social Assistance and Solidarity manages extra schooling aids such as free distribution of education material and lunch aids. 93. The Ninth Development Plan Strategy (2007-2013) prioritizes schooling of girls particularly in rural areas. Eight year compulsory education and the introduction of pre- school education more systematically have contributed positively schooling of girls. Girls schooling rate in primary education is increased to 96 per cent in 2008-2009 from 86,9 per cent in 2003-2004. 94. A number of projects such as “My Family”, “7 is Too Late” Campaigns, “Mother- Father-Child Education Project” “Complementary Education to Fathers Program” and “Mobile Kindergarden” are implemented with the cooperation of public agencies and NGO’s as to increase attendance rates in particular preschool education. Another project (“As Daughters and Mothers, We are at School Together!”) launched in 2008 in order to reduce the female illiteracy rate to a minimum level in four years. 95. Turkey is party to the Convention on the Rights of the Child (1995) as well as the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2002) and the Optional Protocol on the Involvement of Children in Armed Conflicts (2004). 96. The Agency for Social Services and Children Protection, (SHÇEK), is responsible for the implementation of the Convention. A Parliamentary Commission, “TGNA Rights of the Child Monitoring Committee” is set up in November 2009 to oversee the implementation of the UN Convention. 97. The Law on Child Protection came into force in 2005. Article 3 defines a child those below the age of eighteen years, even if (s)he attains maturity earlier. Thus the concept of the child is expounded so as to entail a broader concept than that adopted in the Convention. 98. The principle of the best interests of the child (Art.4) is brought in the law. With the adoption of the European Convention on the Exercise of Children’s Rights, court decisions which do not take into account the best interests of the child are annulled by the Court of Cassation. 99. Relevant parts of the Turkish Civil Code, Labor Code, Criminal Code, Criminal Protection Code and the Law on Persons with Disabilities were amended in line with the provisions of the Convention on the Rights of the Child. 100. The Turkish Civil Code (2001) stipulates that regarding the matters of guardianship and adoption, the opinion of related child be respected. Minimum age for marriage is increased to 17 for both sexes. The new Labor Code (2003) establishes the minimum working age as 15. The Law on Disabled Persons (2005) contains supplementary added provisions for education, rehabilitation, care and social security of disabled children and coordination of services related to their re-integration into society. 101. The new Penal Code (2004) increased criminal liability age from 11 to 12. Juvenile delinquency protective measures are enhanced with the Law on Child Protection and new Law of Criminal Procedures. In cases where the child is suspect or defendant assignment of an attorney is made obligatory. Decision of arrest is rendered as a last resort. 102. Special units of the law enforcement agencies for minors in all towns were transformed into “Child Sections”. Children under custody are kept in children’s unit of the police station. In stations where there is not special place, children are kept separate from the adults under custody. 103. Imprisoned juveniles are put in “Child Prisons”. In places where no child prisons exist children are kept in “Child Sections” of adult prisons. For convicted children there are also three Houses of Education for Children which operate on the basis of the principle of “education instead of punishment”. 104. The Child Protection Law also stipulates that juvenile courts to be established in all 81 provinces of the country. The number of such courts increased to 77 in total, thirteen of which are Juvenile Assize Courts. 105. A new law has been drafted, inter alia, to amend provisions of the Law on Combating Terrorism (No: 3713) related to children who commit terrorism offences. The Law is before the Parliament. 106. Children without parental care are put under protection and care of children’s homes and nurseries. Economic and social destitution is the main cause leading children to be put under protection. 107. Turkey, in cooperation with ILO, undertook IPEC Projects to combat child labor during 1992-2006. Through IPEC projects approximately 50,000 children have been reached and 60 per cent of whom were withdrawn from work and placed in schools. The remaining 40 per cent have benefited improved working conditions, health services, nutrition and vocational training. 108. Since 1997, a remarkable decline is witnessed in child labor with the introduction of eight-year compulsory education system. In 2006 Turkey was chosen one of three countries which combat most effectively with child labor, at the special session of the ILO’s General Assembly. 109. Turkey aims at preventing the worst forms of child labor in a 10-year time period (2005-2015) by making use of comprehensive measures such as eliminating poverty, increasing the quality of and access to education and launching awareness raising campaigns. The projects have played an instrumental role in directing them to education. 110. Several initiatives are underway with many international organizations, including the European Union, the UNICEF, the UNDP and the ILO, on matters relating to child welfare. 111. Turkey endeavors do its utmost to continue promoting the rights of children and to improve their living conditions. Juvenile justice system and child labor are prioritized for further improvement. 164. Turkey became a party to the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention Against Transnational Organized Crime" in 2003. 3. In 2009, the Committee on the Rights of the Child (CRC) regretted the restrictive nature of Turkey’s reservations to the Convention, reiterated and referred to in the declaration made upon ratification of the Optional Protocol, and that no progress has been made in withdrawing, or limiting, their extent since the consideration of Turkey’s initial periodic report in 2001.11 It recommended that Turkey consider ratifying Protocols I and II to the Geneva Conventions of 1949 and the Rome Statute of the International Criminal Court, 1998.12 6. CRC expressed concern that the Penal Code fails to include the crimes covered in OP-CRC-AC and regretted that legislation regarding extra-territorial jurisdiction does not include the provisions of OP-CRC-AC.17 7. In 2006, CRC noted with appreciation the 2005 Child Protection Law aimed at integrating international standards into the procedures and principles regarding children in need of protection.18 It noted that the amendments to the Penal Code of 2005 provide for, inter alia, more effective sanctions with respect to crimes related to the sale of children, child prostitution and child pornography.19 14. While noting the role of the General Directorate of Social Services and Child Protection Agency as having the responsibility to monitor and implement the provisions and principles of OP-CRC-SC, CRC remained concerned that the coordination and monitoring activities undertaken were insufficient.29 17. CRC welcomed the National Plan of Action on Combating Trafficking in Human Beings and recommended that Turkey strengthen its efforts to develop, adopt and implement a national plan of action on the issues referred to in OP-CRC-SC.33 34. CRC was concerned at the number of reported cases of torture and/or ill-treatment of children, especially those placed in pretrial detention.71 It recommended, inter alia, that Turkey enforce, or, when appropriate, review existing legislation, with a view to preventing children being held incommunicado, and investigate in an effective way reported cases of torture and ill-treatment of children.72 37. CRC was concerned that physical punishment in the home is culturally and legally accepted and that only “excessive punishment” resulting in physical injury is prohibited by the Penal Code. Although prohibited, corporal punishment is used in schools and other institutions. It encouraged Turkey, inter alia, to develop measures to raise awareness of the harmful effects of corporal punishment and promote alternative forms of discipline in families.77 38. CRC was worried about the large number of children engaged in labour activities and recommended that Turkey continue measures to combat all forms of economic exploitation of children, including commercial sexual exploitation.78 The UNCT noted that Turkey has committed to end child labour by 2014. Efforts are required to effectively implement the national laws prohibiting child labour, in line with the international treaties that Turkey has ratified.79 43. CRC recommended that Turkey review the system of institutionalization of children and allocate more financial and human resources to improve the situation of children living in institutions.87 61. CRC encouraged Turkey to reinforce its identification mechanisms for refugee and asylum-seeking children who may have been recruited or used in hostilities, and to strengthen measures for their recovery and social reintegration.116 65. CRC expressed concern that the 2006 amendments to the Anti-Terrorist Act (ATA) allow for the prosecution of children above 15 years as adults in “Special Heavy Penal Courts”, and that sanctions for children may include life imprisonment, contrary to the Convention on the Rights of the Child. It recommended, inter alia, that Turkey amend the ATA in order to ensure that children are not tried as adults.122 The UNCT noted that many boys are being detained and charged as adults under the ATA for taking part in political demonstrations.123 70. CRC recommended seeking cooperation with the Special Representative of the Secretary-General for Children and Armed Conflict in the event that children are found to have been recruited or used by armed groups.133 36. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) highlighted that corporal punishment of children is lawful in the home and in alternative care settings, and strongly recommended that Turkey enact and implement legislation to ensure complete prohibition. 52 62. ATUW urged Turkey to allocate more funds for education. The curricula should be adjusted to improve the role of women in the society. Teachers should be trained and encouraged to promote education based on gender equality and prevention of violence. 94 63. IHRC recommended Turkey to halt its discriminatory policies towards girls and women wearing headscarves in schools and institutes of higher education, to take all the necessary measures to include women wearing headscarves within the education system. 95 64. IRPP indicated that only religious groups recognized by the government are allowed to operate schools. 96 65. F18NS reported that, unlike in the case of children adhering to the two non-Muslim religious communities acknowledged in the education system - Christians and Jews –Alevis, Baha’is children and those of other faiths and atheists were de facto forced to attend Sunni religious education classes in public and private schools. 97 Accepted and Rejected Recommendations The following recommendations were accepted by Turkey: 100. A - 100.30. Continue its efforts in promoting women's and children's rights, in particular combating child labour and violence against both women and children (Egypt); A - 100.34. Further improve the human rights situation of women and girls (Jordan); A - 100.42. Continue strengthening the promotion and protection of the rights of the child (Kuwait); A - 100.54. Further improve the protection of women and girls against violence and discrimination (Germany); A - 100.58. Intensify its effort to prevent and combat problems, such as honor killings and domestic violence as well as early and forced marriages, so that there are no implementation gaps between plans and actions (Japan); (unsure) A - 100.61. Further its efforts focused on combating trafficking in human beings, particularly women and children (Kyrgyzstan); A - 100.67. Take all necessary measures to comply with the pertinent international norms and principles in the area of juvenile justice (Switzerland); A - 100.68. To take additional measures to improve the situation in prisons, including for juveniles (Sweden); A - 100.69. Continue to improve the juvenile justice system (Kuwait); A - 100.76. Continue with its strategies aimed at expanding the coverage of the right to education (Saudi Arabia); A - 100.77. Spread a human rights culture through school curricula (Saudi Arabia); A - 100.78. Continue and intensify measures for illiteracy reduction and for the access of girls and women to all levels of education and teaching (Algeria); A - 100.79. Continue its efforts aimed at promoting education in rural areas, in particular for women, as contained in the Ninth Strategic Development Plan, as well as extending this plan if necessary (United Arab Emirates); (unsure) A - 100.81. Continue to strengthen its successful educational policy, with a view to achieving full school inclusion for all sectors of the country and, in this way, advance towards achieving the greatest social welfare of its people (Bolivarian Republic of Venezuela); A - 100.83. Strengthen the combat against traditional practices such as early marriage, forced marriage or polygamy, which persist despite dispositions existing in the Civil Code (France); (unsure) A - 100.84. Increase access to health establishments and care by trained personnel, in particular in rural areas and regarding post-natal care (Algeria); (unsure) A - 100.85. Continue to provide health care services, focusing particularly on maternal and child health in the remote and rural areas (Bangladesh); A - 100.87. Apply the standards of CRC to all cases that involve the investigation, the prosecution and the deprivation of liberty of boys and girls, especially in the context of the enforcement of antiterrorist laws (Argentina). 101. A - 101.4. Take legislative and practical measures at preventing and combating violence against women and children, including prohibition of corporal punishment (Armenia); No recommendations were rejected by Turkey The following recommendations are pending by Turkey: 102. P - 102.5. Consider withdrawing reservations to core international human rights instruments, in particular ICCPR, ICERD and CRC (Brazil); P - 102.7. Consider withdrawing its reservations to articles 17, 29 and 30 of the Convention on the Rights of the Child, and amend its anti-terrorist law so that children are not tried as adults (Uruguay); P - 102.31. Allow children of Greek citizens working in Istanbul to attend the Greek minority schools. So far, only children of employees of the Consulate of Greece are allowed (Greece); P - 102.32. Develop human rights education and training to members of the police, military, prison and detention staff and judiciary in order to include specific focus on the protection of the rights of women, children and persons of minority ethnicity or sexual orientation and gender identity (Czech Republic); P - 102.35. Take the necessary measures to avoid the return of refugee and asylum-seeker children who have been recruited or involved in hostilities (Mexico);
10th May, 2.30pm to 5.3opm
Compilation of UN information
Summary of Stakeholder compilation
Accepted and rejected recommendations