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Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order. Scroll to: ____________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee takes note of the amendment to the Civil Code (2002) which removed the parents’ “right of correction” as well as amendments to the criminal legislation which prohibit corporal punishment as a sentence for crime and as a disciplinary measure in penal institutions. The Committee however remains concerned that corporal punishment is still not explicitly prohibited in the home and in alternative care settings. The Committee is concerned at reports that corporal punishment is considered acceptable in homes and that corporal punishment has been in some cases used in psychiatric facilities and rehabilitation centres. The Committee notes that while corporal punishment is prohibited in schools, reports indicate prevalence of this practice in addition to a continued perception amongst adults of its educational value which raises grave concern over the interpretation and implementation of the ban of corporal punishment in schools. The Committee reiterates its previous concerns and concluding observations (CRC/C/THA/CO/2, paras. 40 and 41), in line with its General Comment No. 13 (2011) on the right of the child to freedom from all forms of violence and its General Comment No. 8 (2006), on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment in adopting measures to combat all forms of violence against children. The Committee recommends that the State party: (a) eliminate the practice of corporal punishment, including by explicitly prohibiting corporal punishment in the home and in alternative care settings; Universal Periodic Review (May 2010) 101. A - 101.4. Take legislative and practical measures at preventing and combating violence against women and children, including prohibition of corporal punishment (Armenia) – accepted by Turkey European Committee of Social Rights Article 17 – Right of children to social and economic protection UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee notes with concern that, although social norms are gradually changing, the prevalence of arranged early and forced marriages persists among poorer and less educated social groups particularly those living in rural areas and of rural origin, frequently in the South-Eastern and Eastern regions. The Committee is concerned that the practice of bride price seems to bring financial incentives to early and forced marriage and that marriage can be forced upon a child by using non-physical means such as intense psychological and social pressure. The Committee urges the State party to intensify its efforts to combat arranged, early and forced marriage among poorer and less educated groups particularly in rural areas and South-Eastern and Eastern regions. It encourages the State party to increase its efforts to design and implement long-term strategies, as well as education and awareness raising programmes, targeting all levels of society, including rural, community and religious leaders with a view to creating an enabling environment for the elimination of harmful practice. (Paragraphs 56 and 57) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2010) UN Special Rapporteur on violence against women, its causes and consequences Country visit: 22 to 31 May 2006 The paragraphs extracted below summarise the situation. No specific recommendations were made on this issue, but all are relevant. To read this, go here: http://www.crin.org/resources/infoDetail.asp?ID=24996&flag=report The Civil Code sets the legal age of marriage for men and women at 17 years, but with the special permission of a judge, a boy or girl can marry at the age of 16. Religious marriages are not legally recognised. In practice, these norms are regularly breached, particularly in the region's rural areas and poorer urban neighbourhoods. Unless a complaint is filed, the authorities rarely investigate such cases. Instead, a number of provincial governors are encouraging (and tacitly pressuring) couples who only have a religious ceremony to enter a civil marriage so that the women can benefit from the provisions of the law. Universal Periodic Review (May 2010) 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) (status of recommendation: unsure) UN Committee on the Rights of the Child (Concluding Observations, June 2012) While noting the efforts of the State party in combatting gender based violence, including “honour killings” and suicide under social pressure, the Committee remains concerned that such practice continues and the significant number of victims are women, including girl children. The Committee is also concerned about the insufficient number of shelters to host and protect women and children who are in danger of such practice. In the light of article 2, 3, 6 and 19 of the Convention and in line with the recommendations of the Special Rapporteur on violence against women (A/HRC/4/34/Add.2), the Concluding Observations by the Committee on the Elimination of Discrimination against Women (CEDAW/C/TUR/CO/6) and by the Committee against Torture (CAT/C/TUR/CO/3) the Committee strongly recommends that the State party: (a) continue its legal reform to ensure more effective deterrents to the practices of gender-based violence, including “honour killings”, and suicide under pressure, among others; UN Special Rapporteur on violence against women, its causes and consequences Country visit: 22 to 31 May 2006 This issue is addressed in detail in the Special Rapporteur's report. For details, go here:http://www.crin.org/resources/infoDetail.asp?ID=24996&flag=report Universal Periodic Review (May 2010) A - 100.58. Intensify its effort to prevent and combat problems, such as honour killings and domestic violence as well as early and forced marriages, so that there are no implementation gaps between plans and actions (Japan) (status of recommendation - unclear) UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee expresses its concern about the lack of data, appropriate measures, mechanisms and resources to prevent and combat domestic violence, ill-treatment and abuse, including child sexual abuse and related virginity tests. It notes that societal attitudes towards women and children often mean that these cases are not reported and that when they are reported, the police do not systematically intervene. The limited number of services for abused children is also a cause of concern. UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2010) The Committee is concerned about the continuing prevalence of violence against women, including domestic violence, which affects 39 per cent of women in the territory of the State party. UN Special Rapporteur on violence against women, its causes and consequences Country visit: 22 to 31 May 2006 Universal Periodic Review (May 2010) A - 100.58. Intensify its effort to prevent and combat problems, such as honour killings and domestic violence as well as early and forced marriages, so that there are no implementation gaps between plans and actions (Japan) (Status of recommendation – unclear) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2010) UN Special Rapporteur on violence against women, its causes and consequences Country visit: 22 to 31 May 2006 UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee welcomes improvements in the education system since the State party’s previous report, including an extension of compulsory education, efforts to increase girls’ attendance, increases in literacy rates, introduction of pre-school education, and introduction of human rights education. The Committee recognises in particular the positive impact of the Conditional Cash Transfer programme on girl’s attendance in school. However, the Committee is concerned about: (g) unavailability of education in languages other than Turkish, except for languages of recognized minorities, presenting educational disadvantages to children of non- recognized minorities whose mother tongue is not Turkish. The Committee recommends that the State party: g) Consider means of providing education in languages other than Turkish, particularly in primary school in areas where other languages, in addition to Turkish, are widely spoken. (paragraphs 58 and 59) UN Committee on the Elimination of Racial Discrimination (Concluding Observations, March 2009) While noting the adoption of the "Law on Foreign Language Education and Teaching, and the Learning of Different Languages and Dialects by Turkish Citizens" and its "By-law on Education in Different Languages and Dialects traditionally used by Turkish Citizens" of 2003, the Committee remains concerned at the inadequate possibilities for children belonging to ethnic groups to learn their mother tongue, in particular having regard to the information given by the State party that schools offering private language courses have been "all been closed down by their founders and owners due to lack of interest and non-attendance" (article 5 (e) (v)). The Committee recommends that the State party ensure effective implementation of the above-mentioned laws. The Committee also recommends the State party to consider further amendments to the legislation to allow teaching of languages traditionally used in Turkey in the general public education system and encourages it to establish a public school network offering teaching of these languages, and consider means of strengthening the involvement of the members of the local communities in decision-making in this field. (Paragraph 20) UN Special Rapporteur on the protection and promotion of human rights and fundamental freedoms when countering terrorism Country visit: 16-23 February 2006 No system is in place to ensure that children of non-Turkish mother tongue can adequately follow classes taught in Turkish. Whereas private Kurdish-language courses opened in the towns of Batman, Sanliurfa, Diyarbakir and Van in January 2004 (following Law No. 625 on opening private courses to teach languages and dialects traditionally used by Turkish citizens in their daily lives), they all closed down in 2005 due to "financial difficulties". Unofficially, the reasons are said to have been obstacles stemming from the stringent requirements laid down by the licensing decree and other forms of administrative controls. Also, article 42 of the Constitution continues to prohibit the teaching of non-Turkish mother tongues in State schools. The Special Rapporteur observes that this prohibition, if mechanically applied, can effectively block access to schooling of children with a mother tongue other than Turkish. At least initial immersion in the mother tongue might be necessary to create the basis for learning and preventing school dropout, which is said to be more widespread among Kurdish children than among others. (Paragraph 69) UN Special Rapporteur on the Right to Education Country visit: 3-10 February 2002 The establishment of the Turkish Republic was followed by the unification of education, making all schools subordinate to the Ministry of National Education.i Education was made compulsory for both sexes. Nation-building was translated into unilingualism, patriotism and nationalism in education. Forging a new identity was hastened by the 1927 language law, with a shift to Turkish as the language of instruction. The introduction of the Latin alphabet represented a break away from the Ottoman-Islamic heritage, embodied in the Arabic and Persian languages. Cherishing "the esteem of the glorious Turkish history" and honouring "the great Turks whose services have made the great Turkish nation" became part of the curriculum.ii The recent introduction of human rights education has created the need to examine the orientation and contents of the curricula and textbooks, and the methods of instruction, in order to integrate human rights rather than keeping separate human rights courses as an add-on. (Paragraph 14) C. A human rights framework for contentions surrounding language A huge obstacle to discussing language from the human rights viewpoint is the automatic labels derived from particular political agendas. Thus, advocacy for mother tongue education is inevitably ascribed to being pro Kurdish, although more than 30 languages are spoken in Turkey. A great deal of publicity about Kurds has directed the international spotlight in that direction. There is conspicuous silence about the Roma, except, for example, when pejorative references to "nomadic gypsies" have had to be eliminated from school textbooks.iv The mention of mother tongue education is further seen as jeopardising territorial integrity, which removes the subject matter from the realm of education to that of national security. Seeing multilingualism as an asset rather than a threat raises eyebrows. 1. Mother tongue and the best interests of the child The term Turk refers to all citizens of Turkeyv without distinction as to ethnic origin, race, religion, or language. Turkish is the mother tongue of the majority; others speak Kurdish, Armenian, Arabic, Greek, Roma or one of the other 30 or so languages that are estimated to be spoken in Turkey. An excerpt from a study of obstacles to the elimination of child labour in Turkish highlights inadequate knowledge of Turkish as an obstacle to children's exercise of their right to education: Turkish."vi From the findings of this study, one can easily perceive the wisdom of the Convention on the Rights of the Child, which has posited mother tongue education as the best entry for any child into the system of education, whatever the language of instruction may be. The Special Rapporteur recommends that the principle of the best interests of the child be applied. There is support for such an approach in the new principles for education, which posit that "differences between students shall be taken into account" as well as mandating, as the first priority, "learning how to learn".vii Eliminating linguistic obstacles by providing mother tongue education so that every child can learn how to learn in a familiar language would represent translation of these new principles for education into practice. 2. The teaching and learning of languages There are an estimated 9 to 15 million Kurds in Turkey. The estimates vary because Kurds are not recognised, even less counted. There are restrictions on the use of their language, and giving Kurdish names to children has been banned. About half of the Kurds in Turkey live in their traditional homeland in the south east, the other half having migrated to the industrial cities of Turkey or abroad. Representatives of the Government of Turkey have routinely attributed human rights problems to terrorism, blamed on the Kurdistan Workers' Party (PKK), thereby legitimizing the Government's response as suppression of terrorism. The spectacular capture and subsequent trial of Abdullah Ocalan raised hopes that "terrorism" would be deleted from the political and legal vocabulary, but the aftermath to 11 September seems to have revived its use, as well as fears that the term would be abused to justify denials, violations and limitations of human rights. Kurds are not recognised as a minority.viii Indeed, the use of the term "Kurdish" in the official discourse is novel. The vocabulary used to vary between "terrorism", "separatism", "eastern problem" or "south eastern Anatolia problem", or else "south eastern citizens" when referring to Kurds without naming them. In its concluding observations of June 2001, the Committee on the Rights of the Child expressed its concern that "the reservations made by the State party under articles 17, 29 and 30 of the Convention in some cases, in particular in the fields of education, freedom of expression and the right to enjoy one's own culture and use one's own language, may have a negative impact on children belonging to ethnic groups which are not recognized as minorities under the Treaty of Lausanne, in particular children of Kurdish origin".ix The language of instruction was thus determined by the 1982 Constitution: "No language other than Turkish shall be taught as mother tongue to Turkish citizens at any institutions of training or education." The teaching and learning of foreign languages has in the meantime become a praiseworthy symbol of change. The Ministry of National Education reported in November 2001: The Special Rapporteur is deeply concerned about the fate of many students and professors supportive of the introduction of Kurdish as an optional foreign language course. She hopes that the Government will as rapidly as possible alleviate her concerns by providing her with all available information about its response to this student initiative. (Paragraphs 60-68) UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee welcomes improvements in the education system since the State party’s previous report, including an extension of compulsory education, efforts to increase girls’ attendance, increases in literacy rates, introduction of pre-school education, and introduction of human rights education. The Committee recognises in particular the positive impact of the Conditional Cash Transfer programme on girl’s attendance in school. However, the Committee is concerned about: c) serious gender inequalities in secondary school, with low enrolment among girls; The Committee recommends that the State party: c) Strengthen its focus on the enrolment and completion of girls in all levels UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2010) The Committee notes with concern the persistence of stereotyped educational choices, with girls and women continuing to predominate in traditionally female areas of education, and the low rates of girls' enrolment and completion, which may be due to stereotypes relating to girls and the priority given to boys with regard to education. The Committee is concerned that women and girls of various ethnic groups, particularly Kurdish girls and women, and those whose mother tongue is not Turkish continue to face educational disadvantages. UN Special Rapporteur on violence against women, its causes and consequences (May 2006) Ensure that all girls complete primary education as required by article 28 of the Convention on the Rights of the Child, close the gender gap in secondary education and, to this end, increase spending and resource allocation for education and prioritise girl's education in the region; UN Special Rapporteur on the protection and promotion of human rights and fundamental freedoms when countering terrorism Country visit: 16-23 February 2006 The Special Rapporteur considered the right to education a key right for ensuring inclusion and non-discrimination amongst all groups of the population. He particularly noted the disparities in enrolment between girls and boys, where the differences are particularly pronounced in the East and South-East. The Governor of Diyarbakir Province stressed that problems in the area of education are now openly recognised and discussed. Action has been taken by the Government, such as campaigns aiming at improving enrolment in primary education, in particular of girls (first eight school years) - now at 96 per cent in Turkey overall and 92 per cent in Diyarbakir city. For secondary education it is about 30 per cent less. Similarly, significant differences exist in the level of school enrolment for boys and for girls, with that of girls being markedly lower. Universal Periodic Review (May 2010) 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) (accepted by Turkey) UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee expresses its deep concern about the reports of ill-treatment and torture against children, especially Kurdish children who have been involved in political assemblies and activities, in prisons, police stations, vehicles and on the streets. It is particularly concerned about the number of allegations on children killed in the South Eastern and Eastern regions and reported instances of suicides committed by children in detention. The Committee urges the State party to take immediate measures to ensure that children under its care are not subjected to cruel, inhuman or degrading treatment or punishment through strict adherence to its legislation on juvenile justice taking into account the specific vulnerability of minors suspected of an offence in the light of article 37(a) of the Convention and in line with the recommendations of the Committee against Torture (CAT/C/TUR/CO/3) and the Working Group on Arbitrary Detention (A/HRC/4/40/Add.5). The Committee recommends that the State party: (a) ensure that detention of children is subject to regular review so as to make certain that no child is subject to any form of ill-treatment after arrest and during detention; [The Committee] is concerned at the following: f) Long detention and poor conditions in some prisons; and The Committee recommends that the State party bring the juvenile justice system fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). In particular, the Committee urges the State party to: f) Investigate allegations of rape and ill-treatment of children in detention, especially in the prison of Pozanti. (Paragraphs 66 and 67) UN Committee against Torture (Concluding Observations, January 2011) The Committee is concerned at reports that children continue to be detained in unrecorded adult pre-charge facilities following arrest during demonstration, including in the Anti-Terrorism Branch of Security Directorate rather than in the Children's Branch. Further, the Committee is concerned at reports of ill-treatment of children while held in unofficial places of detention and that interrogations have occurred without legal assistance or the presence of an adult or legal guardian. While noting information from the representative of the State party that most sentences do not exceed two years' imprisonment, the Committee is concerned at reports that children allegedly continue to be sentenced to long periods of imprisonment (art. 16). UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment The Special Rapporteur visited the Ankara Central Prison, the E-type prison in Diyarbakir and the Samalcilar prison in Istanbul (Bayrampasa) in order to interview prisoners on remand about their treatment in custody. In Ankara, the Special Rapporteur was not allowed to visit the wards on the grounds that the presence of inmates with psychological problems (depressed or drug addicts) could have been dangerous for his security. Here, a group of young students, allegedly members of a "Revolutionary People Salvation Army Front", refused to be interviewed individually by the Special Rapporteur. One of the girls was noted to have large bruises under both eyes. It was not possible to receive an explanation from her as to how she got these bruises. The Anti-Terror Branch, which held her in custody for some days, explained that these bruises were caused by her resisting the police at the moment of her arrest. In Istanbul, some of the people on remand for ordinary crimes testified that they had been tortured or ill-treated while in custody, as did some of the political prisoners in Diyarbakir. (Paragraph 23) Universal Periodic Review (May 2010) A - 100.68. To take additional measures to improve the situation in prisons, including for juveniles (Sweden) (accepted by Turkey) UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee commends the State party for its extensive reforms in the area of juvenile justice, including new legislative changes resulting in increasing the age of criminal liability from 11 to 12, requiring that all persons under the age of 18, including those charged under the Counter-terrorism law, be considered by juvenile courts; introducing reduced sentences for children and special measures for children who are pushed into crime; as well as establishing child prisons, child prosecutors and child police. (g) consider further increasing the minimum age of criminal responsibility and take into account the Committee’s General Comment No 10 (2007); (Paragraphs 66 and 67) UN Committee against Torture (Concluding Observations, January 2011) [...] the Committee urges the State party to consider raising the age of criminal responsibility, currently set at 12 years, to comport with international standards. (Paragraph 21) European Committee of Social Rights Thematic Group 4 "Children, families, migrants" Article 17 – Right of children to social and economic protection The age of criminal responsibility is manifestly too low ---------------------------------------------------------------- UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee commends the State party for its extensive reforms in the area of juvenile justice, including new legislative changes resulting in increasing the age of criminal liability from 11 to 12, requiring that all persons under the age of 18, including those charged under the Counter-terrorism law, be considered by juvenile courts; CRC/C/TUR/CO/2-3 introducing reduced sentences for children and special measures for children who are pushed into crime; as well as establishing child prisons, child prosecutors and child police. However, the Committee is concerned at the following: e) Reports that the amendments to the Law on Counter- Terrorism is not upheld in practice as children detained during demonstrations are initially held together with adults; The Committee recommends that the State party bring the juvenile justice system fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). In particular, the Committee urges the State party to: e) ensure the enforcement of the amendments to the Counter-Terrorism Law and ensure that children detained and charged under this law are provided with all basic legal guarantees; (paragraphs 66 and 67) The Committee is concerned that several provisions of the 1991 Anti-Terrorism Law (Law 3713) are incompatible with the Covenant rights. The Committee is particularly concerned at (a) the vagueness of the definition of a terrorist act; (b) the far-reaching restrictions imposed on the right to due process; (c) the high number of cases in which human rights defenders, lawyers, journalists and even children are charged under the Anti-Terrorism Law for the free expression of their opinions and ideas, in particular in the context of non-violent discussions of the Kurdish issue (arts. 2, 14 and 19). Working Group on Arbitrary Detention Date of last visit: 9-20 October 2006 Although the 2005 Child Protection Law constitutes a very significant step forward, the Working Group remains concerned about some aspects in which the juvenile justice system does not sufficiently take into account the specific vulnerability of minors suspected of an offence. The time limits concerning police custody and remand detention are the same for minors in the 15-18 age group as for adults. Moreover, the provision whereby "in case it is considered imperative" the adult court dealing with a case also involving a juvenile defendant may decide to join the minor's case to the adult trial can in many cases nullify the important guarantee of specialised prosecutors and courts. This is the rule for cases involving terrorism (which is, according to the Working Group, overly broadly defined), which are tried before the special chambers of the Serious Crimes Court, also where the defendant is a minor. (Paragraph 81) The massive arrests and detentions of minors following the riots in Diyarbakır from 28 March to 1 April 2006 provide evidence that these concerns are not only of a theoretical nature. More than 200 minors were apprehended during and following the riots, 94 of them were taken into police custody (16 of them in the 12-15 age group), and 60 were remanded into custody on charges, including being members of an armed organisation, and remained in detention in a special wing of the Diyarbakır high-security prison three weeks after the incidents. The Working Group expressed relief that, at the time of its visit, all children arrested in connection with the riots had been released from pretrial detention. According to the report of an inquiry into the events by several bar associations, the families of the children were not informed after the apprehensions and the earliest interview with lawyers took place 12 hours after apprehension. (Paragraph 82) In addition to the concerns raised by some aspects of the legislation, the Working Group expressed concern about the delays in the implementation of the new juvenile justice law. At the time of its visit, the Working Group was informed that specialised prosecutors' offices and courts had beenestablished in only nine cities. There is a great shortage of social workers, who play a key role in the juvenile justice system designed by the new law. As a result, their twofold function in the process - assisting the court by carrying out a "social inquiry" into the juvenile offender's circumstances and assisting the minor during the process, particularly during interrogation – is seriously compromised. Moreover, it would appear that the scarcity of social workers is causing delays in the system, contrary to article 10 (2) (b) of ICCPR, which states that "accused juvenile persons shall be ... brought as speedily as possible for adjudication". (para 83)Finally, the Working Group heard the concern expressed that the principles whereby juvenile cases should be adjudicated as speedily as possible and the "penalty of imprisonment and measures that restrict liberty be the last resort for juveniles" have not yet fully been assimilated by the justice system. (Paragraph 84) Universal Periodic Review (May 2010) A - 100.67. Take all necessary measures to comply with the pertinent international norms and principles in the area of juvenile justice (Switzerland) (accepted) A - 100.69. Continue to improve the juvenile justice system (Kuwait) (accepted) Impunity for brutality against children by members of the security forces The Committee expresses its deep concern about the reports of ill-treatment and torture against children, especially Kurdish children who have been involved in political assemblies and activities, in prisons, police stations, vehicles and on the streets. It is particularly concerned about the number of allegations on children killed in the South Eastern and Eastern regions and reported instances of suicides committed by children in detention. The Committee urges the State party to take immediate measures to ensure that children under its care are not subjected to cruel, inhuman or degrading treatment or punishment through strict adherence to its legislation on juvenile justice taking into account the specific vulnerability of minors suspected of an offence in the light of article 37(a) of the Convention and in line with the recommendations of the Committee against Torture (CAT/C/TUR/CO/3) and the Working Group on Arbitrary Detention (A/HRC/4/40/Add.5). The Committee recommends that the State party: (a) ensure that detention of children is subject to regular review so as to make certain that no child is subject to any form of ill-treatment after arrest and during detention; UN Special Rapporteur on extrajudicial, summary or arbitrary executions Country visit: 19 February – 1 March 2001 The Special Rapporteur received reports of children being killed by security forces. On 19 February 1999, Necmettin Kahraman (17 years old) was allegedly fatally shot in Kiziltope, in Mardin Province. The incident reportedly occurred when security forces fired on a non-violent demonstration calling for independent monitoring of Abdullah Oçalan's trial. The Special Rapporteur was told that no investigation was carried out. (para 67) Convictions are few and far between. The sentences in some cases are an insult to the norms of justice. A particular case which came to the attention of the Special Rapporteur disturbed her, as the punishment pronounced indicates the value attached to the life of ordinary citizens by the trial court. On 9 January 1996, Cetin Karakoyum, 14 years of age, died of a gunshot wound in the head during incommunicado detention at Magazalar police station in Mersin. A few months later, a police officer was convicted of "negligence and carelessness" and was fined around US$ 30. (Paragraph 69) UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Country visit: 9-19 November 1998 The widely reported Manisa case in which 16 teenagers were arrested on charges of being members of an illegal organisation and detained in December 1995 by the Anti-Terror Department of the Manisa Security Directorate demonstrates the extreme difficulties encountered in prosecuting police or security officials who have committed an act of torture. Following their detention, brief family visits enabled the detainees to inform their families of their claims that they had been tortured. The families immediately filed a complaint with the public prosecutor and the students were sent for a medical examination at the request of the families. At this examination, the students claim that police officers stood next to them and the doctors did not conduct a physical examination, nor did they ask them any questions about their physical complaints or trauma they might have suffered. The medical certificates issued included no explicit confirmation that torture had taken place. (Paragraph 90) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2010) The Committee welcomes the adoption of the Second National Action Plan to Combat Trafficking, but is concerned about the insufficient human and financial resources for its implementation, as well as the needed indicators to monitor its achievements. (Paragraph 26) Universal Periodic Review (May 2010) A - 100.61. Further its efforts focused on combating trafficking in human beings, particularly women and children (Kyrgyzstan) – accepted by Turkey UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee takes note of the substantial progress made by the State party in developing research, policies, programs and action plan to prevent child labour and eliminate the worst forms of child labour as well as the significant decline in child labour. It, however, notes that while the prevalence of child labour has declined, the remaining large numbers of children still employed, particularly in seasonal agriculture, constitutes a significant challenge to the rights of the child, including the right to education. While noting that the minimum age for employment is 15 years and the recent changes to the law on education have increased the years of compulsory education to 12 years, the Committee is concerned that the minimum age of employment is lower than the age when children will graduate from compulsory education. The Committee encourages the State party to take all available means to combat child labour and eliminate the worst forms of child labour. The Committee recommends that the State party ensure that children are protected from social and economic exploitation, including by bringing its legislation on minimum age of employment into conformity with the age when children graduate from compulsory education as well as into conformity with the regulation of employment of children in hazardous conditions, in compliance with ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The Committee recommends that the State party seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office (ILO-IPEC) in this regard. The Committee encourages the State party to ratify ILO Convention No. 189 (2011) on decent work for domestic workers. (Paragraphs 62 and 63) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that the legislation of the State party on minimum age of employment and authorised types of work for children does not conform to international standards. Moreover, the Committee expresses concern that the measures undertaken by the State party to combat child labour, which continues to be used in agriculture and the furniture industry, have not been commensurate with the scale of the problem (art. 10). The Committee calls on the State party to ensure that children are protected from social and economic exploitation, including by bringing its legislation fully into conformity with International Labour Organization (ILO) standards on minimum age of employment and the regulation of employment of children in hazardous conditions, in compliance with ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The Committee also urges the State party to increase the length of compulsory education from 8 to 11 years. In this regard, the Committee refers the State party to its general comments No. 18 (2005) on the right to work and No. 13 (1999) on the right to education. (Paragraph 25) European Committee of Social Rights Thematic Group 4 "Children, families, migrants" Article 7§8 – Right of children and young persons to protection – prohibition of night work Only night work in industrial undertakings is prohibited in the case of workers under the age of 18. (Conclusions XVII-2) Article 7§4 – Right of children and young persons to protection – length of working time for young persons under 16 Section 61 of the Labour Act fixes an excessive 45-hour working week limit for young people under the age of 16. (Conclusions XVII-2) Article 7§8 – Right of children and young persons to protection – prohibition of night work Only night work in industrial undertakings is prohibited in the case of workers under the age of 18. (Conclusions XVII-2) Article 7§9 – Right of children and young persons to protection – regular medical examination Provisions of the Labour Act concerning compulsory regular examinations of young workers do not cover all sectors of economy (the agricultural sector, in particular, is excluded). Inadequate access to education, housing and healthcare for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee welcomes the legal amendments concerning the people with disabilities of 2005 which provides for education, rehabilitation, care and social security services for children with disabilities. Despite the State party’s efforts to provide children with access to education, it is concerned that a large number of school age children with disabilities do not enjoy their rights to education and a high percentage of children with disabilities remain in special education programs. Furthermore, the Committee regrets that the State party did not provide sufficient information as to whether support for children with disabilities reaches children everywhere, whether it is adequate and whether the goal of integrating them into the community is sufficiently attained. The Committee recommends that the State party intensify its efforts to ensure the full enjoyment of the rights of children with disabilities and provide in its next periodic report information on the extent, quality and outcome of services and programs. In light of the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, it is also recommended that the State further encourage their inclusion in society and integration into the regular educational system, including by providing special training to teachers and by making schools more accessible. (Paragraphs 50 and 51) UN Committee on Economic, Social and Cultural Rights
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Corporal punishment is not explicitly prohibited in the home and continues to be practised in schools
(b) monitor the implementation of the prohibition of corporal punishment in schools, including investigating and taking appropriate action against perpetrators;
(c) develop measures to raise awareness on the harmful effects of corporal punishment and promote alternative forms of discipline in families. (Paragraphs 44 and 45)
Corporal punishment in the home is not prohibited (Conclusions XVII-2)
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The persistence of forced and early marriages
The Committee reiterates its concern about the persistence of harmful traditional practices, including early and forced marriage.
The Committee invites the State party to increase its efforts to design and implement long-term strategies, as well as education and awareness-raising programmes, targeting women and men at all levels of society, with a view to creating an enabling environment for the elimination of stereotypes and traditional practices that are discriminatory to women and allowing women to exercise their fundamental rights. (Paragraphs 20 & 21)
Report issued: January 2007
While social norms are gradually changing, arranged and early marriages are still very frequent in the south-eastern/eastern region. It is not uncommon that marriages are arranged between paternal cousins in order to foster family ties and ensure that property stays in the family. Less common, but still practised, is berdel, the exchange of brides between two families. Families sometimes resort to berdel to settle long-standing disputes. In other cases it is perceived as a convenient method to offset costly dowry payments.
The incidence of forced marriages is difficult to assess since the boundary between arranged and forced marriages is very fluid and cases involving outright violence are rare. According to reports, it is more common that intense psychological pressure, veiled threats and, if necessary, complete social isolation are used to subdue a woman who refuses to marry the groom chosen by her family. A transnational dimension of the problem has also become increasingly visible as some girls whose families migrated from Turkey to other countries have been forced to marry men in Turkey. (Paragraphs 27-29)
... there are reasonable grounds to assume that some recorded cases of suicides in fact constitute grave violence, either because the victim was forced to commit suicide or because a murder was disguised as a suicide. Patriarchal oppression, manifesting itself in diverse forms of violence against women, including forced marriage, early marriage, incestuous sexual abuse and honour-related violence, is often a factor that underlies suicides. (Paragraph 76)
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); (status of recommendation: unsure)
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Persistence of "honour killings"
(b) ensure prompt and effective investigations into all allegations of such crimes;
(c) implement effective preventive measures, including educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health service providers, social workers, community leaders and the general public;
(d) provide sufficient number of shelters to host and protect women and children who are in danger of “honour killings” or suicide under social pressure. The Committee also recommends the State party to introduce a comprehensive system of data collection and statistics on violence against women, including on domestic violence and honour killings, disaggregated by sex, age, ethnicity and geographical location. (Paragraphs 32 and 33)
UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2010)
The Committee notes the measures taken to combat honour killings, such as the issuance of a Prime Ministry Circular and the implementation of training and awareness-raising programmes. The Committee is concerned, however, about the persistence of such killings and the lack of data available on its incidence in rural or remote areas. While taking note of the information provided by the State party that article 82 of the Penal Code is considered to include both custom and honour killings and that article 29 of the Penal Code on "unjust provocation" has been amended to abolish possible sentence reductions for honour killings, the Committee remains concerned that the provisions of the Penal Code may result in less vigorous prosecution of and reduction of sentences for the perpetrators of such crimes.
The Committee recommends that honour killings be explicitly included within the scope of article 82 of the Penal Code and classified as aggravated homicide, and that such crimes are treated as seriously as other violent crimes with regard to investigation and prosecution. The Committee also recommends the implementation of effective prevention measures, including educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health-service providers, social workers, community leaders and the general public. The Committee requests the State party to include detailed information on the incidence of killings in the name of honour, particularly in rural or remote areas, including the number of investigations, prosecutions and perpetrators punished, as well as the sentences imposed. (Paragraphs 24 & 25)
Report issued: January 2007
Among here recommendations, the Special Rapporteur states:
"Prosecutors and judges should not hesitate to apply article 84 of the Penal Code (instigation to commit suicide), whenever it is warranted. The highest sentences should be sought and given for all murders that serve to control women or curb their personal autonomy regardless of whether the crime is committed in the name of honour or custom."
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High prevalence of domestic violence
In the light of article 19 of the Convention, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, to enable it to understand the extent, scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes. The Committee also recommends that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy, and the elimination of virginity tests. Measures should also be taken to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention. (Paragraphs 45 & 46)
The Committee calls on the State party to evaluate and strengthen Law No. 4320 in order to enact comprehensive legislation on all forms of violence against women, including domestic violence, and to ensure that in such legislation all forms of violence against women are prohibited, that women and girls who are victims of violence have access to immediate means of redress and protection, including protection orders, and that perpetrators are prosecuted and punished. (Paragraphs 22 & 23)
Report issued: January 2007
All of the recommendations made in the report of the Special Rapporteur address violence against women and girls in Turkey. To read the report here: go here: http://www.crin.org/resources/infoDetail.asp?ID=24996&flag=report
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Persistence of gender stereotypes
The Committee reiterates its concern about the persistence of harmful traditional practices, including early and forced marriage.
The Committee invites the State party to increase its efforts to design and implement long-term strategies, as well as education and awareness-raising programmes, targeting women and men at all levels of society, with a view to creating an enabling environment for the elimination of stereotypes and traditional practices that are discriminatory to women and allowing women to exercise their fundamental rights. (Paragraphs 20 & 21)
Report issued: January 2007
Among her recommendations, the Special Rapporteur has urged "the media avoid gender stereotypes and discriminatory social attitudes towards women and show sensitivity and respect for the victims and their families when reporting incidents of violence against women; observe confidentiality in reporting on women under protective care; report on suicides and incidence of violence in a factual and responsible manner without sensational coverage and graphic footage; and always provide information on helplines and other resources for persons at risk." (Paragraph 80)
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Inadequate possibilities for children belonging to ethnic groups to learn in their mother tongue
Report published: 16 November 2006
The Special Rapporteur praised the fact that parents are now permitted by law to give their children Kurdish first names, even though a circular prohibits them from choosing names including the letters Q, W or X, which exist in the Kurdish language but not in the Turkish alphabet. (Paragraph 70)
The Special Rapporteur expressed the opinion that, in the long run, full respect for economic, social and cultural rights helps to eliminate the risk that individuals make the morally inexcusable decision to resort to acts of terrorism; and in order for all inhabitants of Turkey to fully enjoy their human rights without discrimination and to feel fully included in society, persons belonging to different cultural and linguistic groups, including the Kurdish population, should enjoy protection of their cultural, linguistic and religious rights, including the possibility to freely use their language in public and private. In particular, effective access to education for the Kurdish population should be enhanced through, at least, initial immersion in their mother tongue. (Paragraph 92 c and d)
Report published: 27 March 2002
[...] religion or language, may need accommodation in the best interest of the child. The Special Rapporteur has consistently held that the right to education entails adaptation to each child rather than forcing children to adapt themselves to whatever education may be provided.iii Adaptation necessitates translating into reality the principle of non-discrimination. Thus, the first step towards the ultimate objective of eliminating discrimination requires identifying the pattern of discrimination. While the Special Rapporteur was assured by the Ministry of Education that no discrimination existed in Turkey, she is concerned that the absence of quantitative and qualitative data may indicate that the process of exposing and eliminating discrimination has yet to begin. (Paragraph 44)
"[M]any of the children of migrants do not speak Turkish fluently, Turkish being their second language. Hence, these children are very likely to struggle to keep pace in reading and writing exercises and eventually to drag behind the class, falling out of favour with the teachers and finally dropping out ofschool. The children corroborated this observation when we talked about their school experiences and reasons for dropping out of school. One solution to this problem is opening pre school classes, especially in neighbourhoods where there are migrant households whose native language is not
"From the 1997 1998 academic year onwards, a weekly two hour foreign language course has become obligatory, and a second foreign language for the fourth and the upper primary classes has been included among the selective courses."x
The exception to introducing the teaching and learning of foreign languages is Kurdish. On 8 February 2002, the Special Rapporteur met a group of university students who informed her about the ongoing suppression of attempts to introduce Kurdish as an elective foreign language course at the university. While it was possible to study Hungarian three hours per week, petitions to the university authorities to introduce Kurdish as a foreign language were rejected. The petitions were reportedly signed by 15,000 students at 35 universities. Apparently, personal details about petitioners were forwarded by the university authorities to the law enforcement bodies, leading to arrests on the grounds of "membership in, or support for an illegal separatist organisation".
Removal of the issue of teaching and learning foreign languages from academic decision making to the jurisdiction of State Security Courts (which are adjudicating cases of support for illegal organisations) highlights a much deeper problem. The boundaries between national security and education are apparently fluid and issues that pertain to education can be decided on national security grounds rather than on their educational merits. One could imagine that languages other than Kurdish would not have triggered a threat to national security, but one cannot be sure. The consequence is self censorship so as not to risk crossing that fluid boundary, or taking a risk as is typical for students worldwide with the likelihood of victimisation.
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Barriers to education for girls
of education, monitor and address root-causes for girls non-attendance of schools; (Paragraphs 58 and 59)
The Committee recommends the State party address the persisting disparity between boys and girls in education, including through the implementation of measures to ensure equal access for girls and women to all levels of education, and to ensure retention of girls in school, particularly in rural areas. (Paragraphs 30 & 31)
Establish an indicator system to monitor educational quality and outcomes in all schools, with gender equality as a key indicator (Paragraph 79)
Report published: 16 November 2006
The Ministry of Education reported on different programmes that address the particular situation concerning education in the South-East. However, it was also pointed out that school attendance is low also in many urban settlements, particularly Istanbul. Special schemes are in place to encourage school enrolment, particularly in the South-East and East and the low rate of enrolment of girls has also been addressed in the "Let's go to school, girls!" campaign. (Paragraphs 62 & 63)
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Ill-treatment of children in detention
(b) monitor the situation of children detained and arrested after demonstrations or similar events to ensure that they are immediately placed in age appropriate facilities and provided with appropriate legal counsel;
(c) Ensure that perpetrators of cruel, inhuman or degrading treatment or punishment against children are held to account;
(d) Conduct thorough investigation into cases of killings and suicides of children in general and in particular, in places of detention. (Paragraphs 42 and 43)
g) Allegations of rape and torture against children in the prison of Pozanti
The Committee recommends the State party develop and implement a comprehensive system of alternative measures to ensure that deprivation of liberty of children is used only as a measure of last resort, for the shortest period possible and in appropriate conditions. The State party should ensure that detention of children is subject to regular review so as to make certain that no child is subject to any form of ill-treatment during detention and that no child is held in unrecorded places of detention. In addition, the State party should strengthen awareness and application of international human rights standards relating to juvenile justice for members of the juvenile courts and increase the number of such courts. Additionally, the Committee urges the State party to consider raising the age of criminal responsibility, currently set at 12 years, to comport with international standards. (Paragraph 21)
Country visit: 9-19 November 1998
Report published: 27 January 1999
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The age of criminal responsibility is too low
The Committee recommends that the State party bring the juvenile justice system fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). In particular, the Committee urges the State party to:
Insufficient compliance with international standards on juvenile justice, especially in the context of the enforcement of anti-terrorist laws
UN Human Rights Committee
Last reported; 17 and 18 October 2012
Concluding Observations issued: 13 November 2012
The State party should ensure that its counter-terrorism legislation and practices are in full conformity with the Covenant. The State party should address the vagueness of the definition of a terrorist act in the 1991 Anti-Terrorism Law to ensure that its application is limited to offences that are indisputably terrorist offences. In this context, the State party should guarantee that the prosecution of terrorist acts is carried out in full respect of all the legal safeguards enshrined in article 14 of the Covenant, and ensure the consistent application of the transitional legal provisions, even in the case of offences allegedly committed by journalists before November 2011. (Paragraph 16)
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UN Committee on the Rights of the Child (Concluding Observations, June 2012)
(b) monitor the situation of children detained and arrested after demonstrations or similar events to ensure that they are immediately placed in age appropriate facilities and provided with appropriate legal counsel;
(c) Ensure that perpetrators of cruel, inhuman or degrading treatment or punishment against children are held to account;
(d) Conduct thorough investigation into cases of killings and suicides of children in general and in particular, in places of detention. (Paragraphs 42 and 43)
Report published: 18 December 2001
On 16 August 1999, Paban Cadyroolu, 14 years old, was reportedly beaten to death by a police officer in Van. The father of the victim and other witnesses were allegedly coerced into withdrawing their complaint and testimonies in this matter. At the time of the Special Rapporteur's visit the case was being investigated. (para 68)
Report published: 27 January 1999
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Trafficking of children
The Committee urges the State party to continue to take all appropriate measures to combat all forms of trafficking in women and children in line with article 6 of the Convention. Given the prevalence and extent of the problem, the Committee also urges the State party to ensure the quality implementation of the Second National Action Plan, and the provision of adequate comprehensive support services, including shelters, to victims. (Paragraph 27)
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Insufficient protection for children in employment
(E/C.12/TUR/CO/1)
Last reported: 3 and 4 May 2011
Concluding Observations adopted: 20 May 2011
(Conclusions XVII-2)
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(E/C.12/TUR/CO/1)
Last reported: 3 / 4 May 2011
Concluding Observations adopted: 20 May 2011
Persons with Disabilities: The Committee notes with deep concern that persons with disabilities in the State party continue to face great difficulties in exercising their rights under the Covenant, including with regard to access to employment, housing, education and health care.
The Committee urges the State party to provide persons with disabilities with their full rights under the Covenant and without discrimination and ensure that they have physical access to buildings, parks, hospitals, school, transportation systems and other public places and services. (Paragraph 11)
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