2008 - Source: UN Development Programme

Report on human development, focus youth (youth policy, education opportunities, health, unemployment, participation) ("Human Development Report 2008 - Youth in Turkey") [ID 22646]

Document(s): Open document

06.11.2007 - Source: European Commission

Children`s rights ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22419]

"The Ministry of Labour and Social Security has started to develop a national strategy against child poverty. In order to provide the basis for tackling the incidence of street children, a government circular was issued to collect data on children working and/or living on the streets. Seven cities with large numbers of street children have adopted action plans under the new scheme.

A regulation implementing the Law on Child Protection has entered into force. It requires that during an investigation child victims who have been psychologically affected as a result of the offence committed will be heard as a witness only once and in the presence of an expert. Juveniles taken into custody will be detained in juvenile units of law enforcement agencies and may not be handcuffed or fettered. A Juveniles Bureau now needs to be set up at the offices of public prosecutors.
[...]
Although in the last 10 years there has been a significant decrease in the proportion of unregistered children compared with 10 years ago, the proportion of children under five years of age who were not registered at birth remains high in particular in the East and Southeast of the country. This creates obstacles for children's subsequent access to health and education services. Official statistics show that the ratio of children who die at birth is still high.

The way in which children are treated in institutions remains a cause for concern. Efforts are required to review the existing standards of care and protection of the Social Services and Child Protection Agency and to improve the capacity of its staff. Efforts to encourage foster parenting as an alternative to institutional care need to be intensified.
[...]
The vast majority of detained juveniles are awaiting a final court decision. Significant improvement is needed in physical conditions in detention centres and in the quality of care and protection provided to children by their staff.
"

Document(s): Open document

06.11.2007 - Source: European Commission

Child labour ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22484]

"Efforts to reduce child labour continued. The National Child Labour Survey has revealed a decrease in the rate of children involved in an economic activity (from 10.3% in 1999 to 5.9% in 2006). However, there are shortcomings in the current legislation. The labour law prohibits night work for children under 18 only for the industry sector; it does not provide protection for children working in agricultural enterprises employing less than 50 employees; and it does not regulate the work of children in artistic and cultural activities and in the media. Lastly, the current legislative framework does not tackle the issue of children working on the streets. Turkey needs to continue its efforts to reduce child labour."

Document(s): Open document

06.03.2007 - Source: US Department of State

Prohibition of child labor and minimum age for employment ("Country Report on Human Rights Practices 2006") [ID 19009]

"There are laws to protect children from exploitation in the workplace; however, the government did not effectively implement these laws. The use of child labor was particularly notable in agriculture, carpentry, the shoemaking and leather goods industry, the auto repair industry, small-scale manufacturing, and street sales. The law prohibits the employment of children younger than 15 and prohibits children under 16 from working more than eight hours a day. At age 15 children may engage in light work provided they remain in school. The law provides that no person shall be required to perform work unsuitable for their age, gender, or capabilities, and the government prohibits children from working at night or in areas such as underground mining. The law prohibits children attending school from working more than two hours per day or 10 hours per week.

The Ministry of Labor and Social Security effectively enforced these restrictions in workplaces that were covered by the labor law, which included medium and large-scale industrial and service sector enterprises. A number of sectors are not covered by the law, including small-scale agricultural enterprises employing 50 or fewer workers, maritime and air transportation, family handicraft businesses, and small shops employing up to three persons.

Nonetheless, child labor was widespread. The State Statistical Institute reported that the number of child laborers between the ages of 12 and 17 dropped from 948,000 in 2003 to 764,000 in 2004; however, the institute stopped collecting specific data on child laborers thereafter and some observers continued to claim that there were no reliable statistics in this field and that the actual number of working children was rising.

An informal system provided work for young boys at low wages, for example, in auto repair shops. Girls rarely were seen working in public, but many were kept out of school to work in handicrafts, particularly in rural areas. According to the labor and social security ministry, more than half of child labor occurred in the agricultural sector. However, observers maintained that the bulk of child labor had shifted to urban areas as rural families migrated to cities. Many children worked in areas not covered by labor laws, such as agricultural workplaces with fewer than 50 workers or the informal economy. To combat this ongoing problem, the Ministry of National Education conducted a program in cooperation with the UN Children's Fund called Let Us Send Girls To School, which was designed to provide primary education for at-risk girls. By year's end the program benefited nearly 250,000 school-age girls.

Small enterprises preferred child labor because it was cheaper and provided practical training for the children, who subsequently had preference for future employment in the enterprise. If children employed in these businesses were registered with a Ministry of National Education training center, they were required to go to the center once a week for training, and the centers were obliged by law to inspect their workplaces. According to data provided by the ministry, there were 300 centers located in 81 cities; these centers provided apprenticeship training in 133 occupations. The government identified the worst forms of child labor as children working in the streets, in industrial sectors where their health and safety were at risk, and as agricultural migrant workers.

Children were trafficked for sexual exploitation [...]

There were no reliable statistics for the number of children working on the streets nationwide. The government's Social Services and Child Protection Institution operated 44 centers to assist such children."

Document(s): Open document

20.12.2006 - Source: Child Rights Information Network

Expert report on sexual exploitation of children (statistics, national law, different forms of sexual exploitation, commitment to international law on children's rights, reasons for child abuse, child protection) ("Commercial Sexual Exploitation of Children") [ID 19670]

Document(s): Open document

08.11.2006 - Source: European Commission

Children`s rights (right to education for children remains problem in some areas; child labour; Law on the Protection of Children) ("Turkey 2006 Progress Report") [ID 19021]

"With respect to children’s rights, the right to education for children, particularly girls, remains a problem in some areas. The newly initiated 'conditional cash transfer' programme implemented by the Social Support and Solidarity Fund provides incentives and compensation to targeted families by offering cash transfers on the condition that they send their children to school if they are of school age. Enrolment campaigns need to be sustained and consolidated to address the low level of school attendance, in particular in rural areas of the South East.

The incidence of street children, child poverty and child labour remains significant. The Turkish Labour Law prohibits the employment of children under the age of 15. However, there are shortcomings regarding the application of the law.

The Law on the Protection of Children, adopted in July 2005 establishes a legal framework aimed at safeguarding the rights and well-being of both children with particular problems and children under legal investigation or who have been convicted of crimes. Further implementation of the Law is needed, in line with the relevant ILO conventions.

In late 2005, ill-treatment of children in an orphanage of the Social Services and Child Protection Institution (SHÇEK) in Malatya revealed the shortcomings of the child protection system in Turkey."

Document(s): Open document

02.06.2006 - Source: ReliefWeb

Report on conclusions and recommendations on the situation of children in Turkey ("Committee on Rights of Child concludes forty-second session") [ID 15766]

"The Committee welcomed the submission of Turkey's initial report and noted with appreciation the Child Protection Law (2005); the designation of the General Directorate of Social Services and Child Protection Agency as the coordinating organization responsible for monitoring and implementation of the Convention and its Optional Protocol; the amendments to the Constitution allowing for direct application of the Optional Protocol to domestic legislation; and training activities undertaken by the State party in order to enhance the awareness of the issues covered by the Optional Protocol. While the Committee welcomed the existence of a National Plan of Action for the use of the Internet 2005-2015 and a draft law on Cyber crime, it lacked information regarding the implementation of and measures foreseen in that plan for the prevention of dissemination of child pornography via the Internet. The Committee was concerned at the reported increase of cases of sexual exploitation of children. The Committee was also concerned that there was no inclusive information available and that there were neither systematic monitoring nor complaints mechanisms in place as such. The Committee was further concerned about the lack of public discussion on the issues of sale of children, child prostitution and child pornography and that the awareness regarding these issues among the public at large was still very limited. The Committee recommended that Turkey strengthen its efforts to develop and implement a national plan of action on the issues referred to in the Optional Protocol, including activities with regard to prevention and rehabilitation. The Committee also recommended that further resources be dedicated to awareness campaigns and also for the development of training materials and training courses with a view of establishing systematic training programmes for civil servants responsible for the implementation of the Optional Protocol. In addition, the Committee recommended that the State party make the provisions of the Optional Protocol widely known, particularly to children, through, inter alia, school curricula."

Document(s): Open document

10.2005 - Source: UK Home Office

Report on child issues ("Country Report - October 2005") [#40563], [ID 13894]

for more detailed information seek out original document page 153

"6.339 The European Commission 2005 report noted that

“With respect to children’s rights, the right to education of children, in particular of girls, is not respected in some regions, and school attendance is particularly low in rural areas in the Southeast.

Although the Turkish Labour Law prohibits the employment of children under the age of 15, there are still several shortcomings as regards the scope of application of the law. A new Law on the Protection of Children, adopted in July 2005, established for the first time a legal framework aimed at safeguarding the rights and well-being of both children with particular problems and children under legal investigation or who have been convicted of crimes. While the Law is a welcome development, it does not fully comply with international standards as concerns child specific legislation, in that the provisions related to juvenile offenders (aged 12 to 18) still fall under the ordinary penal framework.” [71e] (p33)

6.340 The USSD 2004 reported that “The Government was committed to furthering children’s welfare and worked to expand opportunities in education and health, including a further reduction in the infant mortality rate. The Minister for Women’s and Children’s Affairs oversaw implementation of official programs for children. The Children’s Rights Monitoring and Assessment High Council focused on children’s rights issues.” [5c] (Section 5)

6.341 The USSD 2004 continued:

“Government-provided education through age 14 or the eighth grade is compulsory. Traditional family values in rural areas placed a greater emphasis on education for sons than for daughters. According to the Ministry of Education, 95.7 percent of girls and 100 percent of boys in the country attended primary school; however, a UNICEF report released during the year indicated that, in the rural areas of some provinces, over 50 percent of girls between 7 and 13 and over 60 percent of girls between 11 and 15 did not attend school.” [5c] (Section 5)

6.347 The Netherlands Ministry of Foreign Affairs 2002 reported that “Children whose parents for whatever reason are unable to exercise custody are usually looked after by the family.” However, if the relatives are unable to do this, the Netherlands report stated that:

“Turkish law (Law No. 2828 of 24 May 1983, on the Social Services and Child Protection Agency) provides for state care for unsupported minors. Only if care is not possible elsewhere may the case be referred to the Social Services and Child Protection Agency (Sosyal Hizmetler ve Çocuk Esirgeme Kurumu) coming under the Ministry of General Affairs. The Agency refers the minor’s case to the court, which takes the ultimate decision on care.” [2a] (p152-153)

6.348 The report continued:

“Under Turkish law, depending on the length of their education unsupported minors can be taken into care at least up to the age of 18 and at most up to the age of 25. Children up to the age of 18 may register or be registered with the Social Services Directorate (Sosyal Hizmetler Müdürlüğü), to be found in every province. There are children’s homes (Çocuk Yuvalari) for children up to the age of 12 and training institutions (Yetiştirme Yurtları) for children aged 12-18. There are currently an estimated 70 children’s homes in Turkey with a total of roughly 7,000 children, and 91 training institutions with 5,000 young adults. In some cases young adults who do not have their own home on reaching the age of 18 may be allowed to stay longer.” [2a] (p153)"

Document(s): Open document

07.07.2004 - Source: World Organisation Against Torture

Sex crimes against non-vergins perceived less serious offence than those committed against vergins ("Violence Against Women - 10 reports - year 2003") [#24621], [ID 13895]

"The Turkish Criminal Code defines rape of a virgin aged 15 or over with a
promise of marriage as a crime under article 423(1) providing that anyone
taking the virginity of a girl above 15 years of age with the promise of
marrying her shall be sentenced to between 6 months and 2 years of
imprisonment. If the man marries the woman, the case and the punishment
are deferred. However, if the couple divorce within five years and
proceedings are initiated and the husband is found guilty, the aforementioned
punishment is implemented. The crime is only punishable if the
victim was a virgin at the time of the rape.
OMCT is very concerned by the fact that sex crimes committed against
non-virgins are perceived to be a less serious offence than those committed
against virgins. Moreover, OMCT is gravely concerned by the fact that
there shall be no punishment in cases of rape when the perpetrator marries
the victim. This provision may lead to a woman being pressured into marrying
her rapist in order to preserve her family’s “honour,” thus punishing
the victim while the perpetrator is acquitted."

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Minimum sentence for rape of minor under age 15 ("Violence Against Women - 10 reports - year 2003") [#24621], [ID 13896]

"Article 414 states that “whosoever rapes a minor under the age of 15 shall
be sentenced to a minimum of five years imprisonment.” If force, violence,
threats or abuse of minors is involved then the minimum sentence
is 10 years’ imprisonment. According to article 415, “Those who commit
an act or action against the honour and chastity of a child who has not
completed the age of 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.” Article 416 provides that sexual intercourse with a person
between 15 and 18 years, even if consensual, constitutes a crime and carries
a punishment of from six months to three years imprisonment.
According to article 417, “If the acts and actions specified in the above
articles are 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.”"

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Forced virginity control continues to be widespread ("Violence Against Women - 10 reports - year 2003") [#24621], [ID 13897]

"In 1999, a governmental decree was passed to differentiate virginity exams from vaginal or anal exams required by law, as with allegations of rape and sexual conduct with minors. [...]
However, forced virginity testing by family members continues to be widespread and endorsed by government officials. Women are frequently taken to the hospital for a virginity test by parents who suspect that the woman has lost her virginity, or by husbands who, on the wedding night, suspect that their new wife is not a virgin.[...]"

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Raised legal minimum age for marriage ("Violence Against Women - 10 reports - year 2003") [#24621], [ID 13898]

"[...] The new Civil Code has also raised the legal minimum age for marriage to 18 (it was formerly 15 for women and 17 for men), gives the same inheritance rights to children born outside the marriage, gives single parents the right to adopt children, and gives women the right to retain their maiden names when hyphenated with that of their spouses.”
[...]"

Document(s): Introduction and Contents
Cover Turkey

28.04.2004 - Source: BBC News

The father and 12 relatives accused of taking a collective decision to kill his daughter for " bringing shame on the family name" after she was raped ("Turkish father 'kills raped girl'") [#21876], [ID 13899]

Document(s): Open document

25.02.2004 - Source: US Department of State

Edirne: 14-year-old Roma boy tortured with electric shocks ("Country Reports on Human Rights Practices - 2003") [#19741], [ID 13900]

"Because the arresting officer was responsible for interrogating a suspect, officers sometimes resorted to torture to obtain a confession that would justify the arrest. In one example, the European Roma Rights Center reported that, in February, police in Edirne beat and tortured with electric shocks a 14-year-old Romani boy suspected of stealing a wallet (see Section 5)."

Document(s): Open document

25.02.2004 - Source: US Department of State

Reports of prison guards beating children in detention ("Country Reports on Human Rights Practices - 2003") [#19741], [ID 13901]

"There were reports that prison guards beat children in detention. In September, the parliamentary Human Rights Committee reported that Committee members investigated conditions at the children's ward of Aydin Prison and found that all the children had visible injuries and many claimed to have been tortured. A child held in solitary confinement told the Committee he had requested an isolation cell because some of the children in the ward were raping others."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Report focused on torture and inhuman and degrading treatment or punishment in selected Osce states ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377], [ID 13902]

"• On 7 February 2003 the police detained two members of the youth section of the banned People’s Democracy Party (HADEP) in the Bahcelievler district. According to the testimony of one of the young men, a 17-year old, they were taken to a police station and interrogated about who had been spreading propaganda for the PRO-Kurdish KADEK organization. The police fooled the young man to testify against his friend by promising him that they both would be acquitted for lack of evidence if they testified against each other. Afterwards, he was released because he was under age. His friend was remanded and tortured while in detention, according to his lawyer. The police tried to force him to become an informer, and as he refused, he was stripped naked, subjected to a “Palestinian hanger”, hosed with pressurised water, and sexually assaulted. [...]

• A case against ten police officers accused of torturing 16 juveniles in detention in Manisa started in 1996, but due to the non-appearance of defendants at the trials, and because the lawyers of some of the defendants withdrew from the trial, the progress was very slow. Only in April 2003, three months before the statute of limitation would have expired the proceedings, the Court of Cassation confirmed the prison sentences given to the police officers. The prison terms ranged from five years to ten year and ten months."

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: Protection and rights of children ("2002 Regular Report on Turkey's Process Towards Accession") [#10217], [ID 13903]

"The new Civil Code incorporates some amendments regarding the protection and rights
of the child. The new Article 182 introduces the concept of the ‘interests of the child’ in
cases of separation or divorce. Changes to Article 282 eliminate discrimination between
the legal status of legitimate and illegitimate children. Turkey still does not comply with
Articles 7 (“child’s right to protection”) and 17 (“right of mothers and children to social
and economic protection”) of the European Social Charter. Article 17 of the Charter
declares the right of young delinquents to protection, but juveniles are still imprisoned in
Turkey.
Turkey ratified the Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography in June.
Turkey's efforts to prevent child labour have been acknowledged by the International
Labour Organisation (ILO). However, despite a decrease in the number of children
working, it has been estimated that there are 893000 children working in Turkey (see also
Chapter 13 - Social policy and employment). Although the Child Bureau has drawn up a
national programme and action plan to combat child labour, it has yet to be properly
implemented. Work continues on the ILO/IPEC (International Programme for the
Elimination of Child Labour) project to improve children’s rights."

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: Turkish law provides for state care for unsupported minors ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991], [ID 13905]

"Children whose parents for whatever reason are unable to exercise custody are usually looked after
by the family. In almost all cases the child's relatives are willing to take care of the child. This also
applies to unaccompanied minor asylum seekers who have been sent back to Turkey from the
country in which they applied for asylum. Of those who claimed to be unaccompanied minors
when applying for asylum in the Netherlands in the last two years, it was possible to trace the
parents or legal guardians in almost all cases.
Nevertheless it can happen that in occasional cases no adequate care is possible within the family.
In that case the Turkish authorities may provide care. Turkish law provides for state care for
unsupported minors. Only if care is not possible elsewhere may the case be referred to the Social
Services and Child Protection Agency (Sosyal Hizmetler ve Çocuk Esirgeme Kurumu) coming
under the Ministry of General Affairs. The Agency refers the minor's case to the court, which takes
the ultimate decision on care.
Under Turkish law, depending on the length of their education unsupported minors can be taken
into care at least up to the age of 18 and at most up to the age of 25. Children up to the age of 18
may register or be registered with the Social Services Directorate (Sosyal Hizmetler Müdürlüğü), to
be found in every province. There are children's homes (Çocuk Yuvalari) for children up to the age
of 12 and training institutions (Yetiştirme Yurtları) for children aged 12-18. There are currently an
estimated 70 children's homes in Turkey with a total of roughly 7 000 children, and 91 training
institutions with 5 000 young adults. In some cases young adults who do not have their own home
on reaching the age of 18 may be allowed to stay longer.
The quality of care in homes varies from province to province. In some parts of the country there
are fewer facilities for the placement of minors than in others. There are examples of provinces in
which personal intervention by the governor has led to an acceptable or even good care system (in
Kayseri, for instance), while in other provinces care can only be described as minimal. It is difficult
to judge how far care in general is adequate by Turkish standards since levels of care vary so much.
Turkish authorities responsible for care and assistance to unsupported minors often have to cope
with a lack of funding.
According to law, care and assistance to unsupported minors are provided by the state, but various
charitable organisations also provide care for minors."

Document(s): Open document

28.03.2001 - Source: Amnesty International

Amnesty International - Urgent Action: 13 Kurdish children charged with supporting the illegal PKK ("TURKEY:urgent action") [#1378], [ID 13909]

"The six Kurdish children were released from prison after a trial hearing on 15 February. However, they and seven of the children arrested with them are facing charges under which they could be imprisoned for several years. If convicted, Amnesty International would consider them prisoners of conscience, as they have not committed or advocated violence, and may well have been prosecuted solely because of their ethnic identity.

The children have been charged with "supporting the illegal organization PKK and facilitating their activities by participating in an unauthorised demonstration in protest against the F-type prisons, and applauding and shouting slogans in favour of the PKK". Amnesty International is concerned that the only evidence against them is allegations and "confessions" believed to have been made under duress. The next trial hearing will be on 5 April.

One of the boys on trial, SE (16), apparently does not know any Turkish at all. He only understood the charges against him in the courtroom, when they were translated into Kurdish. At the 15 February trial hearing the children rejected the statements they had given immediately after their arrest, saying they had been forced to make these statements.

The children's lawyers has filed a formal complaint against the police for ill-treating the children. They have also filed a request for compensation on the grounds that the children were held in detention without any justification.

Charges against the other fifteen children arrested with them on 9 January have been dropped for lack of evidence."

Document(s): Open document