The Committee on the Rights of the Child today concluded its consideration of the combined fourth and fifth periodic report of Türkiye, with Committee Experts praising the State’s free child healthcare services and raising questions about child labour and sanctions of children involved in terrorist organizations.
A Committee Expert commended that free health services were provided to all children, including refugee children. However, the Expert noted, refugees and children living in rural areas had higher rates of infant mortality. What measures had been taken to address this issue?
Another Committee Expert cited reports of severe violations of the rights of working children; 57 children had lost their lives while working in 2021. How were these cases investigated and what measures were taken against employers? Participation in child labour was reportedly a reason why refugee children’s participation in education was low. What measures were in place to promote their participation in education?
One Committee Expert said children whose parents allegedly participated in terrorist activities abroad were reportedly stripped of their passports. Were measures in place to restore these children’s passports and provide them with redress? If children committed crimes in terrorist organizations, criminal procedures would be taken. Were children tried in children’s courts and offered non-custodial measures?
Introducing the report, İsmail Ergüneş, Deputy Minister of Family and Social Services of Türkiye and head of the delegation, said Türkiye had made significant advancements in maternal and child health, achieving Sustainable Development Goals targets for neonatal and under-five mortality rates. All children in Türkiye under the age of 18, including those with refugee or immigrant status, had access to free healthcare services and a family physician. The vaccination rate had reached 95 per cent and significant decreases had been achieved in all preventable diseases.
The delegation said there were regional differences in terms of infant mortality. Nearly 30 health centres had been created in rural areas to address the issue. A database that collected data on infant mortality had been established. Causes of infant deaths were investigated carefully and response measures were implemented. Doctors visited rural areas to provide training on protecting infants’ health.
Mr. Ergüneş said efforts to combat child labour were a priority for Türkiye. The country had ratified International Labour Organization conventions on child labour, implemented a national programme and action plan against child labour, and established units against child labour. The year 2018 was declared the “Year of Elimination of Child Labour” in Türkiye.
The delegation added that there were no official records of occupational accidents involving children. In 2021, 94 employers were sanctioned for violating child labour laws. Employers had criminal liability if one of their employees died in the workplace. The action plan on child labour included measures to promote participation in education, and the Government was encouraging all refugee children to participate in education. Educational materials, hygiene kits, transport support and mother tongue educational programmes were provided to vulnerable children, including refugees.
Children whose parents had been tried as terrorists had the right to passports and international travel, the delegation said. These children were investigated by the State. Türkiye’s counter-terrorism law was in line with international standards, and children were not sanctioned as heavily as adults under counter-terrorism legislation. Cases involving children aged 15 to 18 were referred to juvenile courts, even for crimes involving terrorist activities. Deferments of verdicts were applied in such cases. If children were abducted and forced to participate in terrorist activities, they had no criminal responsibility.
In closing remarks, Sopio Kiladze, Committee Expert and Coordinator of the Country Taskforce for Türkiye, thanked the delegation for the fruitful and constructive dialogue. The Committee would do its best to address the challenges faced by children in Türkiye. Ms. Kiladze extended best wishes to the children of Türkiye, especially those affected by the February earthquake.
In his concluding remarks, Mr. Ergüneş said Türkiye was highly determined to undertake its responsibilities under the Convention. Türkiye would continue to strengthen cooperation with national and international stakeholders to promote children’s rights. The Committee’s concluding observations would inform the diversification of the State’s children’s strategy.
The delegation of Türkiye consisted of representatives from the Ministry of Family and Social Services; Ministry of Justice; Ministry of Labour and Social Security; Ministry of Education; Ministry of Internal Affairs; Ministry of Health; Ministry of ³Ô¹ÏÍøÕ¾ Defense; Presidency of Türkiye; Presidency of Strategy and Budget; and the Permanent Mission of Türkiye to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Türkiye at the end of its ninety-third session on 26 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the . Summaries of the public meetings of the Committee can be found , while webcasts of the public meetings can be found .
The Committee will next meet in public this afternoon at 3 p.m. to consider the combined sixth and seventh periodic report of the United Kingdom ( ).
Report
The Committee has before it the combined fourth and fifth periodic report of Türkiye ().
Presentation of Report
İSMAIL ERGÜNEŞ, Deputy Minister of Family and Social Services of Türkiye and head of the delegation, emphasised Türkiye’s long-standing dedication to children’s rights and the implementation of a comprehensive national strategy for children’s rights. Türkiye had designated 23 April as ³Ô¹ÏÍøÕ¾ Sovereignty and Children’s Day, and was the first country in the world to dedicate a national holiday to children.
Türkiye had shown its commitment to children by becoming a party to the Convention and its Optional Protocols. The country used the valuable opinions and recommendations of the Committee as a guide to improve policies and practices concerning children.
The Ministry of Family and Social Services had been responsible for developing and monitoring policies and strategies for children since 2011. The General Directorate of Child Services, under the Ministry, acted as the coordinating institution for the implementation and monitoring of the Convention. The establishment of the Child Rights Department under the Directorate further demonstrated Türkiye’s determination to promote children’s rights effectively.
The Turkish Government regularly updated policies to improve children’s social and physical environments, juvenile justice, child protection and the education system. It recently implemented the 2023-2028 child rights strategy document and action plan, which promoted children’s participation and strengthened protective and preventive services.
One of Türkiye’s strategic goals was to promote children’s participation in decision-making processes. The “children’s rights monitoring and assessment board” and “children’s councils” provided child representatives with the opportunity to express their opinions actively.
To support its child population of over 22 million, comprising 26.5 per cent of the total population, Türkiye provided free education, healthcare, social security and social services to all children without discrimination. The principle of the best interests of the child was considered in all laws, policies and services affecting children.
Mr. Ergüneş highlighted various laws implemented in Türkiye to protect and promote children’s rights, including the child protection law and the social services law. Türkiye had established 167 legal support and victim service directorates across the country. These directorates managed child monitoring centres, which provided judicial and medical support for children; forensic meeting rooms, where child-friendly interviews took place; and children’s justice centres, which provided holistic judicial services for children.
The Turkish Government allocated a significant portion of its budget to children’s welfare and development. In the 2023 budget, approximately 715 billion Turkish lira had been allocated for children’s education, social assistance, and health, representing 16 per cent of the central Government budget. Funding for the “protection and development of children” programme was increased by 45.4 per cent in 2023 compared to 2022 to approximately 11 billion Turkish lira.
Türkiye had made significant progress in education, particularly in increasing access to pre-school education and reducing school dropout rates. The State provided free education and free meals in public pre-schools, offered free textbooks to all students in primary and secondary school, and supported poor, foreign and refugee children with various programmes and scholarships. These measures had led to school enrolment rates increasing to over 99 per cent in pre-school, primary and secondary education. Girls’ enrolment rates had risen from less than 40 per cent in the 2000s to 95 per cent.
Efforts to combat child labour had also been a priority for Türkiye. The country had ratified the International Labour Organization’s “Minimum Age for Admission to Employment Convention” and “Convention on Urgent Action on the Prohibition and Elimination of the Worst Forms of Child Labour”, implemented a national programme and action plan against child labour, and established units against child labour. The year 2018 was declared the “Year of Elimination of Child Labour” in Türkiye.
Türkiye had made significant advancements in maternal and child health, achieving Sustainable Development Goals targets for neonatal and under-five mortality rates. All children in Türkiye under age 18, including those with refugee or immigrant status, had access to free healthcare services and a family physician. The vaccination rate had reached 95 per cent and significant decreases had been achieved in all preventable diseases.
The Ministry of Family and Social Services had taken measures to support unaccompanied children, ensuring their social adaptation, and their psychosocial, academic and individual development. On 6 February, the country was shaken by an unprecedented earthquake disaster. The State had focused efforts on identifying and supporting children affected by the earthquake, providing family unification, child-friendly shelter, health, education and psychological support. A hotline offering psychosocial support for children was in operation, and various services were providing information to affected children.
Türkiye was conducting awareness-raising activities to combat climate change. In 2022, the Turkish ³Ô¹ÏÍøÕ¾ Children’s Forum had the theme of “climate change and child participation”. At the International Children’s Forum hosted by Türkiye, participants appealed for global action on climate change.
Questions by Committee Experts
SOPIO KILADZE, Committee Expert and Coordinator of the Country Taskforce for Türkiye, said that much progress had been made since the last dialogue in 2012. Ms. Kiladze commended the adoption of the Optional Protocol on the communications procedure and the child’s rights strategy and action plan, among other measures. She expressed her condolences regarding the February 2023 earthquake, which took the lives of many children and raised serious challenges for implementing the rights of the child.
Did Türkiye intend to withdraw its reservations to the Convention? Were there any efforts being made to elaborate a child rights-based approach in laws and policies? What human, financial and technical resources were invested in implementing the child rights strategy and action plan? Was the Ministry of Family and Social Services provided with adequate resources to ensure the proper implementation of the Convention? There was no data on the budget for children. Could this be provided? Were efforts being made to include children in the budgeting process? What disaggregated data did the State collect on children?
The Committee welcomed that the national human rights institute had been created. Was this institute in full compliance with the Paris Principles, and if not, what reforms were planned? Did the Ombudsperson have the authority to investigate complaints from children, and how many complaints had it received? What efforts had been made to disseminate the Convention widely?
There were reports that non-governmental and civil society organizations were threatened and harassed, especially after the civil uprising in 2016. What measures were in place to protect the activities of civil society? How did the State ensure that the business sector’s activities complied with child rights?
How did the State party address stereotypes and discrimination against vulnerable children? Was the State integrating the best interests of the child in laws and services relating to child welfare and migration? There was a need to create guidelines for professions working in these fields.
Honour killings of women remained a serious issue in Türkiye. What recent measures had been introduced to tackle this issue? Twenty-two children had died over the past 10 years due to military vehicle accidents, and around 40 had fallen victim to explosives. Had these incidents been properly investigated?
There were reports of incommunicado detention and torture of children in detention. Were these complaints appropriately investigated and perpetrators punished? Were there child-friendly mechanisms for reporting torture and violence against children? The was no legislation prohibiting corporal punishment. Was such legislation being developed? What rehabilitation services were available for child victims of violence?
Another Committee Expert said that in Türkiye, children aged 16 could marry with the permission of a judge. What measures had the State party taken to raise the age of marriage to 18 in all regions of the country without exception? There was a high number of child marriages in the State, especially amongst Syrian refugees. What measures were in place to prevent this practice? Was there a national strategy to combat child marriage? What measures were in place to improve working conditions for children in informal employment and work-based learning?
What measures were being taken to establish an emergency foster care system and alternative care solutions? Children who were not eligible for family-type care were, as a last resort, placed in apartment homes or children’s homes. What was the status of the deinstitutionalisation process? What training was provided for staff in welfare institutions? What assistance did the Government offer to families that provided residential care to children? What measures were in place to promote family reunification? Were there mechanisms for supporting and collecting data on children who had been adopted, including internationally? Could the delegation provide data on children with disabilities in institutions?
One Committee Expert said hate speech was criminalised in Türkiye, but the hate speech law had reportedly been used more to restrict freedom of expression than to protect minority groups. What measures were in place to protect children from hate speech? Children whose parents were allegedly involved in the attempted coup of 2016 were reportedly subjected to discrimination by teachers and fellow students at school. Were there measures in place to protect these children?
The Expert commended progress made in birth registrations. Challenges remained, however, in registering refugee family births and in accurately recording places of birth. Were measures in place to improve the situation? Children whose parents allegedly participated in terrorist activities abroad were reportedly stripped of their passports. Were measures in place to retore these children’s passports and provide them with redress?
Around 1,000 children had been prosecuted and 10 sent to prison for allegedly “insulting the President”. Children in rural areas had limited access to the Internet and digital learning platforms. Hundreds of articles and social media posts had been blocked by authorities. How did the State promote children’s access to information? Tracking tools had reportedly been used to collect information on children on two popular online platforms. What remedies were provided to children whose privacy rights had been breached?
Last year, at least 28 children were reportedly subjected to torture by authorities while exercising their right to freedom of assembly. What investigations were carried out and punishments issued?
Responses by the Delegation
GÜVEN BEGEÇ, Permanent Representative of Türkiye to the United Nations Office at Geneva, said that article 51 of the Convention permitted States parties to make reservations regarding the Convention. Türkiye would continue to evaluate the Committee’s comments on the State party’s reservations to the Convention. All citizens were treated as equal under Türkiye’s Constitution. Official statistics were not collected on ethnicity; this was considered as ethnic profiling. Early marriage of Syrian children was an international issue that Türkiye was discussing within the wider United Nations system.
The delegation said the elimination of child labour was a key principle for Türkiye. Measures had been implemented to tackle child labour since 1990. The Constitution and labour laws prohibited child labour. A programme was in place that implemented International Labour Organization conventions on child labour. Roma and refugee children were included in this programme. A law had been introduced that prohibited child labour in seasonal agricultural work and provided food, educational and psychosocial support for children born to families of seasonal agricultural workers. Awareness-raising campaigns called for children to not be used for agricultural labour. In 1994, 15.2 per cent of children worked, but it was currently 4.4 per cent. Türkiye was implementing international workshops to develop future measures to prevent child labour.
The Ministry of Family and Social Services had prepared development plans, which promoted measures to support children at a regional level. Coordination committees had been established to work with local authorities in implementing these plans.
The Turkish Penal Code included laws that addressed deliberately injuring a person. Discipline was not a justification for physical abuse, and violence against a child was an aggravating circumstance. There was also specific legislation prohibiting domestic violence against children. The Penal Code treated crimes based on “honour” and offences against women as aggravating circumstances. Further, the Penal Code included prohibitions of ill-treatment and torture. Torture carried a minimum penalty of eight years imprisonment. Public prosecutors could take direct action against officials suspected of torture.
The Human Rights and Equality Institute of Türkiye had “B” status from the Global Alliance of ³Ô¹ÏÍøÕ¾ Human Rights Institutions. The Institute received complaints from children, including regarding torture, and conducted investigations. Places of detention were open to international inspection. Children and non-governmental organizations could also make complaints to the Ombudsman. There had been an increase in complaints submitted in recent years.
Ratified international conventions had legal status in Türkiye, and took precedence if there was a conflict with domestic law. Judicial officers took immediate action in response to complaints of hate speech or discrimination.
A coup had occurred in 2016 that had resulted in numerous deaths and injuries. A state of emergency had been implemented in response, which the European Court of Human Rights had ruled to have complied with international standards. Fair trial principles were abided by during the state of emergency. Any actions that affected fair trials were considered as crimes. No children were detained in prisons; the numbers of detentions given by the Committee were incorrect.
A child database had been established that included indicators on school attendance, health and nutrition, career guidance, family relations, leisure activities and social and development skills. This data informed public policies on children.
The best interests of the child were taken into consideration in all administrative and legal proceedings, including residential permit processing and Government Ministry action plans.
The State offered temporary foster family and permanent adoption services as a last resort solution for children in need of protection. The Government promoted family unification.
Laws were in place that addressed the protection of migrant children and unaccompanied minors. Unaccompanied minors were referred to child houses or foster families. The State provided these children with health and education services, and support with integrating into their communities once they reached 18 years of age. Training was offered to staff working in child welfare services that addressed support for child victims of abuse and protection of children’s privacy. Adoption services were regulated by the Turkish Civil Code. All adoption processes considered the best interests of the child. Families that made applications to adopt children, including internationally, were carefully assessed to ensure the child’s safety.
Questions by Committee Experts
One Committee Expert welcomed progress made in increasing enrolment rates at all levels of the Turkish education system. Had dropout rates decreased? Had measures been taken to improve the quality of education for all children living in remote and disadvantaged areas? Primary school enrolment had decreased since 2012. Why was this? What was the school completion rate of girls? What measures were in place to prevent violence in schools? Schools reportedly had insufficient capacities in certain areas. Why was this? What were the enrolment rates for refugees and Roma children? Participation in child labour was reportedly a reason why refugee children’s participation in education was low. What measures were in place to promote their participation in education?
Another Committee Expert said the Government had been praised for hosting approximately four million refugees and asylum seekers. However, there were reports of pushbacks of children at the borders. Border officials had reportedly opened fire on Afghan children, killing three teenage boys. What steps had been taken to halt pushbacks and investigate excessive use of force by Turkish guards?
There were reports that children had been placed in “removal centres” for repatriation. Detention for migration purposes was not in line with the Convention. Some laws permitted immigration detention of children with their families, while others prohibited it. Could the delegation clarify this? What had been done to align authorities’ practices with the law? Were reports that there was no appeals process offered regarding the age assessment process for asylum-seeking children accurate? Access to education depended on residence registration. Could the Government implement measures to support refugee children’s access to education?
What was the minimum age of child labour? There were reports of severe violations of the rights of working children; 57 children had lost their lives while working in 2021. How were these cases investigated and what measures were taken against employers?
What referral mechanisms were available for victims of trafficking? How were support services for victims coordinated?
The minimum age of criminal responsibility was 12. Was Türkiye planning on raising this to 14 in accordance with the Committee’s recommendation? How long could a child be placed in pre-trial detention? What measures were in place to take children out of the justice system and provide alternatives to detention? The Expert called for information on training of officials working in the juvenile justice system.
A Committee Expert asked for an update on the implementation of the concluding observations of the Committee on the Rights of Persons with Disabilities. Data on children with disabilities was limited. How did the State use this data for planning Government policies? What was the State’s approach to including children with disabilities in education and society? How did the State monitor and assess the accessibility of its facilities? Was there a system for disability assessment and detention?
The Committee commended that free health services were provided to all children, including refugee children. However, refugees and children living in rural areas had higher rates of infant mortality. What measures had been taken to address this issue? How could children access sexual education and contraceptives? The consumption of alcohol was an issue for boys especially. How was the State addressing this?
There were reports that mercury and other harmful chemicals had been released into the atmosphere due to the February 2023 earthquake. What measures had been taken to protect children from such chemicals? Had a study been conducted on the impact of the earthquake on children?
Were there measures to protect children from the offences covered under the Optional Protocol on the sale of children? What measures were in place to identify and support refugee children who were victims of recruitment in non-State armed groups? Were such children treated as victims?
Responses by the Delegation
The delegation said that in 2021, a vision document and action plan on promoting the rights of persons with disabilities, including children, was published by the President’s office. Civil society organizations had participated in the process of creating and implementing this plan. The accessibility of public facilities was inspected by the accessibility committee, which issued permits to buildings that passed inspections. The Government issued disability reports each year, and in 2019 developed a separate reporting system for children. A data system collected disaggregated data on disability, and the Government was continuing to develop the system.
The Government supported cultural and recreational activities for persons with disabilities and provided guidance and counselling for children with disabilities. “Hope houses” offered home-based services for children with disabilities to allow them to remain within their homes. Schools offered integrated mainstream education for children with disabilities. The Ministry of Education had developed an action plan on providing inclusive education for children with disabilities.
The minimum age a person could marry without requiring consent from another person was 18. There had been a 67 per cent decrease in the number of early marriages since 2012. The Government had implemented local action plans to combat early and forced marriages in cooperation with international organizations. In emergencies and disasters, there was an increased risk of early marriages. After the February 2023 earthquake, a targeted action plan on preventing early marriages in the affected zones had been developed. There were also plans in place to prevent early marriages amongst Syrian refugees.
Educational aid was provided for refugee children to support their attendance at school. More aid was paid to families with girls. There were also cash assistance programmes for foreign families with children. The State also provided targeted support for children who had dropped out of school to encourage their return, and language support for foreign children.
Courses on human rights were offered at all education levels. November 20 was designated as “Children’s Rights Day”. A course on climate change and the environment was offered in primary and secondary schools. A children’s rights research and development unit had been established. There had been no misuse of students’ data on online learning platforms. School enrolment of refugee children used the same system as for local students, and was based on registered addresses. This allowed the State to enrol students in their nearest school.
Sixty-eight per cent of the foreign population of education age had been included in education. The Government was encouraging all refugee children to participate in education. Educational materials, hygiene kits and transport support were provided to vulnerable children, including refugees. Turkish language and mother tongue educational programmes were provided in schools. Over 2,500 Syrian personnel had been employed in a Red Crescent project to support the education of Syrian children.
Education about religion and ethics helped to reduce religious conflicts. This was why religion and ethics courses were provided in schools. The life skills course had been updated to include information and visuals explaining how to act before, during and after earthquake disasters. Teachers received training in disaster management skills.
As of April 2023, the school enrolment rate was above 95 per cent. Projects were in place to improve the quality of early and primary education through improving facilities and training for staff. The Government was working to reopen closed kindergarten facilities in rural areas. A project providing career guidance to students was also in place. There was no significant difference between the schooling rates of girls and boys, however, the Government was providing targeted measures to increase girls’ participation in secondary school. If girls did not attend school, their families were sanctioned. Those who perpetrated violence at schools were punished. A project aiming to prevent violence in schools that was supported by the European Union had been in place since 2013.
The coup attempt of July 2016 was carried out by a terrorist organization. Members of the organization had infiltrated the Turkish military forces and risen to positions of power. The Government had since updated the military training programme, closing four existing military schools and transferring students to other schools. This measure helped to preserve national security and provide appropriate education to the military.
The duty of protecting Turkish borders was carried out by the military. There were no pushbacks on the Iranian borders; such allegations were false. Firing on refugees in peacetime was strictly prohibited. Refugees who entered the country illegally were placed in repatriation centres under administrative detention. Hotlines were available for children to lodge complaints about the asylum process. Children whose parents had been tried as terrorists had the right to passports and international travel. These children were investigated by the State and taken under the protection of the State if found to have committed crimes. The Government was carrying out awareness campaigns to make the public aware of the activities of terrorist organizations.
The Government was taking various measures to address the sexual abuse of children. A protocol on identifying children who were at risk of sexual violence had been updated in 2022. Police officers conducted inspections of schools, parks, gardens and game halls to ensure the safety of children. Reports of missing children and abuse were responded to immediately. A unit had been established to monitor crimes committed online. A mobile phone application had been developed that allowed women to easily report sexual abuse or exploitation.
People were entitled to organise peaceful assemblies. Police requested assemblies organised without legal permission to disband, respecting international norms.
Suspected unaccompanied children held by the police were brought to medical institutions to determine their age. Persons found to be under 18 were taken under the State’s protection, and those found to be over 18 were sent to repatriation centres and deportation hearings.
A programme encouraging breastfeeding and proper baby nutrition was in place. The Government had created a national committee on breastfeeding and follow-up services encouraged mothers to breastfeed their children. Breastfeeding rates had increased. A law on baby formula contents was being developed. Counsellors in the zones affected by earthquakes were encouraging breastfeeding and providing formula to mothers as needed.
There were regional differences in terms of infant mortality. Nearly 30 health centres had been created in rural areas to address this. A database that collected data on infant mortality had been established. Causes of infant deaths were investigated carefully and response measures were implemented. Doctors visited rural areas to provide training on protecting infants’ health.
Children’s policies were considered in budgeting procedures, which considered the best interests of the child. A programme had been established in 2022 to make the budget for children visible and to implement child-sensitive budgeting; 16 per cent of Türkiye’s budget was devoted to children.
The Penal Code prohibited child trafficking. Child victims of trafficking were provided with free psychosocial and legal services. A national action plan on supporting refugee children was also in place. Measures such as deferral of verdicts had been implemented to promote alternatives to detention. There were no plans to raise the age of legal criminal responsibility, which varied depending on children’s comprehension of their actions. Children below 12 had no legal responsibility. Children aged 12 to 15 were assessed to determine whether they understood the consequences of their actions.
The act of prostitution was not regulated as a crime, so persons who conducted prostitution were not criminalised. Persons who forced others to engage in prostitution were criminalised, with higher penalties if the victim was a child.
Follow-Up Questions by Committee Experts
One Committee Expert said there was a law that prohibited the incarceration of pregnant women and of women with new-borns aged less than six months, but there were allegations that this occurred. What measures were in place to ensure that this did not occur? There were also allegations that children’s applications to visit incarcerated parents had been rejected. Were these accurate?
What measures were in place to protect children in camps in north Syria from attacks? How was Türkiye implementing its obligations under article 38 of the Convention?
SOPIO KILADZE, Committee Expert and Coordinator of the Country Taskforce for Türkiye, asked whether there was a comprehensive policy on managing earthquakes and other natural disasters that addressed children.
Another Committee Expert said that if children committed crimes in terrorist organizations, criminal procedures would be taken. The definition of terrorism in domestic legislation was broad. How did the child justice system apply to those victims? Terrorist offenders were typically tried by the State Security Court. Were children tried in children’s courts and offered non-custodial measures?
The report indicated that there were special education classes and schools for children with disabilities. Was the State considering changing these to mainstream schools and classes?
One Committee Expert asked whether child justice centres were multidisciplinary. Did these centres provide psycho-social services? Were children’s statements recorded, and could recorded statements be used in trials?
A Committee Expert asked whether there was a clear procedure for determining whether children aged 12 to 15 were aware of the consequences of their actions.
Another Committee Expert asked about the proportion of children in the 12 to 15 age bracket who had been determined to be criminally responsible for their actions. Türkiye had one of the highest numbers of children deprived of liberty in Europe. Was there disaggregated data on children deprived of liberty, and did the State have a concrete plan for reducing the number of children deprived of liberty? How many children had been prosecuted on the basis of terrorist legislation in the past year?
Responses by the Delegation
The delegation said labour laws prohibited children below 15 years of age from working. However, an exception allowed 14-year-old children to participate in light labour while continuing their education. The action plan on child labour included measures to promote participation in education. Specialised units had been established to inspect labour facilities and identify child labour. Identified children were taken under protection. There were no official records of occupational accidents involving children. In 2021, 94 employers were sanctioned for violating child labour laws. Employers had criminal liability if one of their employees died in the workplace.
A system was in place to certify births. Birth certificates were issued by medical staff when births occurred outside of medical facilities. Reproductive health training modules had been established for children, and a handbook on adolescents’ health had been distributed to primary health care facilities. After the February 2023 earthquake, over 20,000 children had been offered psycho-social support. The demolition of buildings damaged by the February earthquake posed major health risks. Monitoring measures were in place to limit those risks.
The State decided whether children with disabilities were able to participate in mainstream education. There were 359,000 children with disabilities in mainstream education and around 65,000 in special education.
Children could stay with their mothers in prisons up to six years of age. A programme that removed such children from prisons as soon as possible was in place. Children in prisons were provided with psycho-social support and foster care options.
Child earthquake survivors with unknown identities were provided with care and psycho-social support, and the Government was conducting intensive investigations to identify the families of these children; 8,133 children affected by the February earthquake had been returned to their families, while around 10 were still in hospital and around 80 were in foster care.
Questions by Committee Experts
One Committee Expert asked about measures to care for children staying with their mothers in detention centres. How many children were in detention with their mothers?
Another Committee Expert asked about measures taken to ensure that children who were engaged in work were also attending school.
Responses by the Delegation
The delegation said around 8,000 judges and prosecutors had been provided with training on the rights of children in the last three years; 18,000 police officers had been trained in the investigation of children.
Pre-trial detention was a last resort. If the maximum penalty was five years or less, there was no pre-trial detention. The maximum detention period was nine months for children 15 years old or over, and six months for children under 15 years of age. The State Security Court was closed in 2004. There were now specialised courts for newly emerging crimes. Türkiye’s counter-terrorism law was in line with international standards, and children were not sanctioned as heavily as adults under counter-terrorism legislation.
Courts detained pregnant mothers and people with young children only as a last resort. The European Court of Human Rights had determined in one case that necessary medical controls had been offered for a pregnant women deprived of liberty, and necessary conditions were provided for the mother and baby after the birth. Health examinations of mothers and children deprived of liberty were conducted in hospitals. Baby formula and psycho-social support was provided by the State. Mother and child units were established in several prisons that allowed detained children to spend time with their peers. If caregivers were available outside of prisons, children were placed in their care. If the maximum punishment was less than 10 years imprisonment, the imprisonment of pregnant women could be delayed by one year.
Holistic services, including psychological support, were offered to child victims of abuse in child monitoring centres.
Psychologists and psychiatric experts assessed whether children aged 12 to 15 in conflict with the law were aware of the consequences of their actions. Cases involving children aged 15 to 18 were referred to juvenile courts, even for crimes involving terrorist activities. Deferments of verdicts were applied in such cases.
The aid collection law had been amended to establish criteria for the provision of aid funds to prevent misuse and money laundering.
If children were abducted and forced to participate in terrorist activities, they had no criminal responsibility. There were also remorse provisions in the Penal Code. No penalties were imposed on persons who had voluntarily left terrorist organizations.
The State conducted counter-terrorism activities in Syria in compliance with international law. Mechanisms were in place to protect civilian actors and infrastructure. No harm had come to those who were under the umbrella of the protection mechanism. There were efforts to replicate these efforts in other conflict settings. Significant progress needed to be made to reduce child casualties in Syria, and Türkiye was working with the United Nations to prevent such casualties.
Concluding Remarks
SOPIO KILADZE, Committee Expert and Coordinator of the Country Taskforce for Türkiye, thanked the delegation for the fruitful and constructive dialogue. The Committee would do its best to address the challenges faced by children in Türkiye. Ms. Kiladze extended best wishes to the children of Türkiye, especially those affected by the February earthquake.
İSMAIL ERGÜNEŞ, Deputy Minister of Family and Social Services of Turkey and head of the delegation, said Türkiye was highly determined to undertake its responsibilities under the Convention. The delegation had presented the various efforts being made by the State in the field of children’s rights. Efforts and resources needed to be used effectively to allow children to develop fully. Cooperation was key to making the world a more liveable place for children. Türkiye would continue to strengthen cooperation with national and international stakeholders to promote children’s rights. Türkiye was supporting reform efforts to make policies for children more transparent and fairer. All State policies complied with the United Nations’ human rights-based approach. The Committee’s concluding observations would inform the diversification of the State’s children’s strategy. Türkiye would continue to strive to raise generations that were aware of their rights and responsibilities, and to uphold the rights of children.
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