Distr.

GENERAL

CRC/C/15/Add.152
9 July 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Turkey.
09/07/2001.

CRC/C/15/Add.152.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-seventh
Session

CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the
Committee on the
Rights of the Child

Turkey

1. The Committee considered the initial report of
Turkey (CRC/C/51/Add.4), received on 7 July 1999, and additional information
(CRC/C/51/Add.8) at its 701st and 702nd meetings (see CRC/C/SR.701-702), held on
23 May 2001, and at its 721st meeting, held on 8 June 2001, adopted the
following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State
party's initial report, which follows the guidelines for reporting, the timely
submission of the written replies to its list of issues (CRC/C/Q/TUR.1) and the
provision of additional documentation. It notes with appreciation the large and
multi-sectoral delegation sent by the State party which allowed the Committee to
have a good assessment of the situation of the rights of the child in the State
party.

B. Positive
aspects

3. The Committee welcomes the ongoing process of
ensuring that the State party's legislation is compatible with the provisions
and principles of the Convention. In particular, it notes the preparation of a
study to evaluate the conformity of the laws with the Convention and of an
"Implementation checklist for the Convention on the Rights of the Child" to
monitor to what extent the provisions and principles of the Convention have been
implemented in Turkey.

4. The Committee notes with satisfaction the
establishment of the Higher Council and the Sub-Committee for Monitoring and
Evaluating the Rights of the Child established under the Office of the Prime
Minister to coordinate inter-sectoral planning for children. It also notes that
the General Directorate of the Social Services and Child Protection Agency
(SHÇEK) coordinates the implementation of the Convention within the
country.

5. The Committee welcomes the fact that the duration
of compulsory education has been increased to eight years and takes note of the
government programme addressing high illiteracy among girls and women through
the Girls Education Project in collaboration with UNICEF. Further, it notes with
interest the Early Childhood Development Support Project whose aim is to give
school preparation, health care and nutrition to children aged 5 and 6 who live
in disadvantaged areas of major cities.

6. The Committee notes with satisfaction that the
State party has ratified ILO Convention No. 138 on the Minimum Age for
Employment and ILO Convention No. 182 on the Prohibition and Immediate Action
for the Elimination of the Worst Forms of Child Labour. It also notes the
signature in August 1999 of the International Covenants on Civil and Political
Rights and on Economic, Social and Cultural Rights.

7. The Committee notes with appreciation that the
State party launched in 1999 a promotion campaign on the Convention on the
Rights of the Child coordinated by the General Directorate of the Social
Services and Child Protection Agency (SHÇEK) with the cooperation of various
ministries and UNICEF to enhance the principles and provisions of the
Convention. It also takes note of the organization of the National Children's
Congress in April 2000 with the participation of delegations of children from 81
provinces, civil society organizations, relevant public agencies and
universities and of the convening in November 2000 of the Child Forum with the
participation of children to review progress in the implementation of the
conclusions of the National Children's Congress and to assess the implementation
of child's rights activities in the provinces.

8. The Committee acknowledges the multiple efforts
undertaken by the State party after the two devastating earthquakes of 1999 to
address children's issues by creating social services units to benefit children
and by providing psycho-social support for children in schools in the earthquake
region.

9. The Committee notes with satisfaction that the
State party's initial report was prepared by ad hoc committees comprised of
representatives of public agencies, non-governmental organizations and
universities, as well as international organizations.

C. Factors and difficulties
impeding progress in the implementation of the Convention

10. The Committee notes with concern that the State
party is facing some difficulties in the implementation of the Convention, in
particular owing to the persistence of social and regional disparities in the
country and the damage caused by the two devastating earthquakes of 17 August
and 12 November 1999. The Committee further observes that the State party's
narrow interpretation of the definition of minority is impeding for some groups
the enjoyment of human rights protected under the Convention.

D. Principal areas of concern and
recommendation

1. General measures of
implementation

Reservations

11. The Committee notes with concern the reservations
to articles 17, 29 and 30 of the Convention. It also notes that, in some cases,
in particular in the fields of education and, freedom of expression and the
right to enjoy their own culture and use their own language, these reservations
may have a negative impact on children belonging to ethnic groups which are not
recognized as minorities under the Treaty of Lausanne of 1923, in particular
children of Kurdish origin.

12. The Committee encourages the State party to
consider withdrawing its reservations to articles 17, 29 and 30 of the
Convention.

Legislation

13. The Committee notes that part of the national
legislation is currently under review, in particular the Civil Law, the Criminal
Code and the Code of Criminal Procedure. Nevertheless, it expresses its concern
that relevant parts of the legislation, such as the "Anti-terror Law" of 1991
and some provisions on juvenile courts, are still not in full conformity with
the provisions and principles of the Convention.

14. The Committee recommends that the State party
continue its efforts on law reform with a view to ensuring full conformity of
domestic legislation with the provisions and principles of the Convention, and
take the necessary steps to end disparities between law and practice, in
particular with reference to pre-trial detention of children.

Coordination

15. The Committee, while acknowledging the efforts
made by the State party to improve coordination by establishing the Higher
Council and the Sub-Committee for Monitoring and Evaluating the Rights of the
Child, nevertheless takes note that the General Directorate of the Social
Services and Child Protection Agency (SHÇEK), which is the coordinating agency
for the implementation of the Convention and the secretariat for the Higher
Council, was not provided with enough financial and human resources. In
addition, it expresses its concern at the high level of centralization in the
decision-making process and at the inadequate coordination within government
agencies, both at the national and local levels, as well as between government
agencies and the private and voluntary sectors.

16. The Committee recommends that the State party
provide adequate human and financial resources in order to strengthen
coordination and make it more effective. It further encourages the State party
to decentralize some aspects of the process of democratic decision-making, in
particular with regard to health and education, in order to improve coordination
also with the local authorities and with the private and voluntary sectors,
especially in the south-eastern region.

Allocations of budgetary resources

17. The Committee, while noting that budgetary
allocations for children have been increasing in recent years, especially in the
education and health sectors, nevertheless expresses its concern that the recent
economic crisis and related structural adjustment policies could have a negative
influence on such allocations. Further, it remains unclear to what extent the
most vulnerable groups of children, in particular, benefit from the increase in
the budgetary allocations for children.

18. In the light of article 4 of the Convention, the
Committee encourages the State party to identify clearly its priorities with
respect to child rights issues in order to ensure that funds are allocated to
the maximum extent of available resources for the implementation of the rights
recognized in the Convention, including the economic, social and cultural rights
of children, in particular to local governments and for children belonging to
the most vulnerable groups in society. It also recommends that the State party
take the necessary measures to identify the amount and proportion of the budget
spent on children at the national and local levels, including resources from
international aid programmes, in order to evaluate adequately its impact on
children.

Independent monitoring structures

19. The Committee expresses its concern at the absence
of an independent mechanism, such as an Ombudsman or a commission for children,
to monitor children's rights and to register and address individual complaints
from children concerning violations of their rights under the Convention, and
notes the ongoing discussions on the establishment of an Office of the Ombudsman
for Children.

20. The Committee encourages the State party to pursue
its efforts with a view to developing and establishing an independent and
effective mechanism, easily accessible for children and in accordance with the
Paris Principles, to monitor the implementation of the Convention, to deal with
complaints from children in a child-sensitive and expeditious manner and to
provide remedies for violations of their rights under the Convention. In this
regard, the Committee also recommends that the State party consider seeking
technical assistance from, inter
alia, UNICEF and the Office of the High
Commissioner for Human Rights.

Data collection and analysis

21. The Committee notes with appreciation measures
taken by the State party, such as the establishment of the Child Information
Network within the framework of the 1997-2000 Government of Turkey and UNICEF
Master Plan of Operations and its continuation in the period 2001-2005 as the
Child and Woman Information Network Project. It nevertheless expresses its
concern at the absence of a unit within the State Institute of Statistics (SIS)
responsible for the systematic collection of disaggregated data for all areas
covered by the Convention and in relation to all groups of persons under 18
years of age.

22. The Committee recommends that the State party
continue to develop a system of data collection and indicators consistent with
the Convention and provide additional support to the Child Information Network.
This system should cover all children up to the age of 18 years, with specific
emphasis on those who are particularly vulnerable, including child victims of
abuse, neglect or ill-treatment; children with disabilities; children belonging
to minorities and various ethnic groups; children who are internally displaced;
children in conflict with the law; child asylum seekers; children who work;
adopted children; and children living in the streets and in rural areas. It
further encourages the State party to use these indicators and data in the
formulation of policies and programmes for the effective implementation of the
Convention.

Dissemination of the Convention

23. While noting the number of initiatives carried out
by the State party in order to disseminate the Convention within the country,
the Committee is nevertheless concerned that the principles and provisions of
the Convention are not yet disseminated at all levels of society and in
particular in rural areas.

24. The Committee recommends that the State party
promote knowledge of the Convention at all levels, including the administrative
authorities and civil society, especially non-governmental organizations and the
private sector, and develop more creative methods to disseminate the Convention,
in particular through audiovisual aids such as picture books and posters, in
particular at the local level. The Committee also recommends adequate and
systematic training and/or sensitization of professional groups working with and
for children, such as judges, lawyers, law enforcement personnel, teachers,
school administrators and health personnel. The State party is encouraged to
integrate fully the Convention into the curricula at all levels of the
educational system.

2. Definition of the child

25. The Committee expresses its concern about the
disparity between the minimum legal age for marriage of boys (17 years) and of
girls (15 years) and notes that in the draft civil code the minimum legal age
for marriage has been raised to 17 for both boys and girls. Further, it notes
with concern that there is not a clear minimum age for admission to employment
and this could conflict with the age for the end of compulsory education, which
is set at 15.

26. In the light of articles 1 and 2 and related
provisions of the Convention, the Committee encourages the State party to pursue
its efforts to review its legislation with a view to increasing the minimum age
for marriage of girls to that of boys in order to bring it into full conformity
with the provisions and principles of the Convention. It also recommends that
the State party set up the same age for the end of compulsory education and for
admission to employment.

3. General
principles

27. The Committee is concerned that the principles of
non-discrimination (art. 2 of the Convention), best interests of the child (art.
3) and respect for the views of the child (art. 12) are not fully reflected in
the State party's legislation and administrative and judicial decisions, or in
policies and practices relevant to children at both national and local
levels.

28. The Committee recommends that the general
principles of the Convention, in particular the provisions of articles 2, 3 and
12, be appropriately integrated into all relevant legislation concerning
children and applied in all political, judicial and administrative decisions, as
well as in projects, programmes and services which have an impact on all
children. These principles should guide planning and policy-making at every
level, as well as actions taken by social and health welfare institutions,
courts of law and administrative authorities.

Non-discrimination

29. The Committee is concerned that the principle of
non-discrimination (art. 2 of the Convention) is not fully implemented for
children belonging to minorities not recognized under the Treaty of Lausanne of
1923, in particular children of Kurdish origin; children with disabilities;
children born out of wedlock; girls; refugee and asylum-seeking children;
children who are internally displaced; and children living in the south-eastern
region and in rural areas, especially with regard to their access to adequate
health and educational facilities.

30. The Committee recommends that the State party take
appropriate measures to prevent and combat discrimination. It also recommends
the collection of appropriate disaggregated data to enable monitoring of
discrimination against all children, in particular those belonging to the
above-mentioned vulnerable groups, with a view to developing comprehensive
strategies aimed at ending all forms of discrimination.

Right to life

31. The Committee is deeply concerned about the
violation of the right to life with reference to the practice of "honour
killings", prevailing in particular in the eastern and south-eastern regions and
among recent immigrants to cities, whereby immediate family members kill women
who are suspected of being unchaste, and notes that often both victims and
perpetrators are minors.

32. In the light of article 2 (non-discrimination),
article 3 (best interests of the child), article 6 (right to life) and article
19 (protection from all forms of violence) of the Convention and in line with
Commission on Human Rights resolution 2001/45, with the recommendations of the
Special Rapporteur on extrajudicial, summary or arbitrary executions
(E/CN.4/2001/9, paras. 38-41) and with concluding observations of the Committee
on the Elimination of Discrimination against Women (A/52/38/Rev.1, paras. 179
and 195), the Committee strongly recommends that the State party review rapidly
legislation with a view to addressing these crimes in an effective way and to
eliminating all provisions allowing reductions of sentence if the crime is
committed for honour purposes. It also recommends the development and effective
implementation of an awareness raising and education campaign, involving also
religious and community leaders, to combat effectively discriminatory attitudes
and harmful traditions affecting girls, in particular in the eastern and
south-eastern regions, by demonstrating that such practices are socially and
morally unacceptable. The State party should also provide special training and
resources to law enforcement personnel with a view to protecting in a more
effective way girls who are in danger of "honour killing" and to prosecuting
such cases in an effective way.

Respect for the views of the child

33. While noting a number of initiatives to improve
the participation of children, such as the Children's Forum, the Committee is
nevertheless concerned that general practices and policies in the country do not
encourage the freedom of expression of children and notes that, in practice, in
administrative and judicial procedures, children's views are often not heard,
even when this is provided for in the legislation.

34. In the light of article 12 of the Convention, the
Committee recommends that the State party seek to develop a systematic approach
and policy, with the involvement of professionals working with children, in
particular teachers and social services, and civil society, including community
leaders and NGOs, to increase public awareness of the participatory rights of
children and encourage respect for the views of the child within the family,
school and generally in society. Further, it encourages the State party to
recognize the right of children to have their views heard and taken into account
in actions taken by social welfare institutions, courts of law and
administrative authorities, including at the local level.

4. Civil rights and freedoms

Birth registration

35. The Committee notes with concern that
approximately 25 per cent of children under 5 years of age in Turkey are not
registered and that these rates are higher in the eastern and south-eastern
regions, because parents are unaware of the importance of birth registration
and/or have difficult access to registry offices, in particular in rural
areas.

36. The Committee recommends that the State party
develop more widespread awareness among the population, including through public
information campaigns, of the importance of immediate birth registration and
improve the registration system in order to reach all families with children, in
particular in the eastern region.

Freedom of expression and association

37. The Committee takes note with concern that persons
under 18 cannot join associations, including trade unions and non-governmental
organizations. It is also noted with great concern that article 13 of the
Turkish Civil Code of 1926 stating that children "shall not be entitled to
exercise civil rights" does not conform with the Convention, especially its
articles 12 to 17.

38. In the light of articles 13 and 15 of the
Convention, the Committee recommends that the State party ensure that children
can form, join and leave associations freely and, in particular, that young
persons who have reached the legal age for being employed can form, join and
leave trade unions freely. It further encourages the State party to consider
reviewing its legislation in order to guarantee to children their civil rights
and freedoms in accordance with the Convention.

Right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment

39. The Committee is extremely concerned at violations
of the right of the child not to be subjected to torture or other cruel, inhuman
or degrading treatment or punishment appearing in the number of reported cases
of torture and/or ill-treatment of children, especially when placed in pre-trial
detention. It further notes that in a number of cases children are held
incommunicado when in police or gendarma custody and are not
allowed the presence of a lawyer, practices which can provide protection from
torture and ill-treatment, and are not interrogated in presence of a prosecutor,
as established by law. It also notes with concern that alleged cases of torture
against children are not always duly investigated and perpetrators convicted,
thus creating a climate of impunity.

40. In the light of article 37 (a) of the Convention
and in line with the recommendations of the Special Rapporteur on Torture (see
E/CN.4/1999/61/Add.1), the Committee strongly recommends that the State party
enforce, or, when appropriate, review existing legislation, with a view to
preventing children being held incommunicado, and investigate in an effective
way reported cases of torture and ill-treatment of children. It also recommends
that alleged perpetrators be transferred from active duty or suspended while
they are under investigation, and dismissed if convicted. It invites the State
party to continue with the systematic training of law enforcement personnel on
child rights issues. In the light of article 39, the Committee also invites the
State party to take all appropriate measures to ensure the physical and
psychological recovery and social reintegration of child victims of torture
and/or ill-treatment.

5. Family environment and
alternative care

Parental responsibilities

41. While noting as a positive step the recent
establishment of Family Consultation Centres in a number of cities, the
Committee is nevertheless concerned that there is no appropriate assistance to
parents and legal guardians in the performance of their child-rearing
responsibilities, in particular in the case of female headed families.

42. The Committee encourages the State party to
undertake effective measures to improve social assistance to families, including
through counselling and community-based programmes, and to implement fully the
programme of cooperation with UNICEF on enhancing family capacity, in order also
to reduce the number of children in institutional care.

Children deprived of family environment

43. The Committee is concerned at the high number of
children who live in institutions, half of whom are placed there because of
socio-economic problems affecting their families. It notes with concern that
these institutions are in some cases in a bad physical state and need adequately
trained and competent staff and, therefore, recognizes with appreciation the
reorganization of some of these institutions into family units of small groups
of children. It also notes that the foster care system is not sufficiently
developed and that the law on adoption is too restrictive.

44. The Committee recommends that the State party
review the system of institutionalization of children, as well as ensuring, in
the light of article 25 of the Convention, the periodic review of children
placed in institutions. Further, it recommends that the State party allocate
more financial and human resources to improve the situation of children living
in institutions. In the light of article 20 of the Convention, it encourages the
State party to promote alternative care and further improve the quantity,
quality and efficiency of foster care, including by providing sufficient
financial support. Further, in the light of article 21, it encourages the State
party to review the law on adoptions with a view to facilitating the adoption
process.

Child abuse and neglect

45. 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.

46. 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.

Corporal punishment

47. The Committee expresses its deep concern that
physical punishment in the home is culturally and legally accepted and that only
"excessive punishment" resulting in physical injury is prohibited by the Penal
Code. It also notes with concern that, although prohibited, corporal punishment
is used in schools and other institutions.

48. In the light of articles 3, 19 and 28 (2) of the
Convention, the Committee encourages the State party to develop measures to
raise awareness on the harmful effects of corporal punishment and promoted
alternative forms of discipline in families, to be administered in a manner
consistent with the child's dignity and in conformity with the Convention. It
also recommends that the ban on corporal punishments in schools and other
institutions be enforced effectively.

6. Basic health and
welfare

Children with disabilities

49. While noting as a positive development the
establishment of the Administration of the Disabled as the agency coordinating
services, and the removal of some structural obstacles in education, employment
and rehabilitation, the Committee remains concerned about the huge number of
children with disabilities who are institutionalized and the general lack of
resources and specialized staff for these children.

50. The Committee recommends that the State party
undertake measures to ensure that the situation of children with disabilities is
adequately monitored in order to assess effectively their needs. It also
recommends that the State party allocate the necessary resources for programmes
and facilities for all children with disabilities, especially those living in
rural areas, and develop community-based programmes to enable these children to
stay at home with their families. In the light of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) and the Committee's recommendations adopted at its day of
general discussion on "The rights of children with disabilities" (see CRC/C/69),
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.

Health and health services

51. While noting with appreciation that the State
party adopted the Integrated Management of Childhood Illnesses (IMCI) and
established 35 new Social Service provincial directorates in 2000, and that
protocols for cooperation were signed between the Social Services and Child
Protection Agencies and non-governmental organizations in order to improve
services for children at the local level, the Committee is nevertheless
concerned that the situation with regard to maternal, child and reproductive
health is still poor and that there are great disparities between geographic
regions and socio-economic classes. It notes in particular that infant, child
and maternal mortality rates and malnutrition rates are particularly high in
rural areas of the south-eastern region and in poor urban areas. The Committee
also notes that the immunization programme does not cover all children in Turkey
and that immunization rates are particularly low in the eastern region.

52. The Committee recommends that the State party
allocate appropriate resources and develop comprehensive policies and programmes
to improve the health situation of all children without discrimination, in
particular by focusing more on primary health care and decentralizing the
health-care system. In particular, to prevent child mortality and morbidity, it
recommends that adequate antenatal and post-natal health-care services be
provided and that campaigns be developed to provide parents with basic knowledge
of child health and nutrition, the advantages of breastfeeding, hygiene and
environmental sanitation, and the prevention of accidents. The Committee
encourages the State party to look to international cooperation for the full and
efficient implementation of the immunization programme.

Adolescent health

53. The Committee expresses its concern regarding the
high rates of early pregnancy, the rise in the number of children and young
people using tobacco and drugs, the increase in cases of sexually transmitted
diseases (STDs), in particular syphilis, and the growing numbers of cases of
HIV/AIDS among young people. Further, it notes the limited availability of
programmes and services in the area of adolescent health, including mental
health, in particular treatment and rehabilitation programmes for drug
addiction. It also notes the lack of sufficient prevention and information
programmes, especially on reproductive health, in schools.

54. The Committee recommends that the State party
increase its efforts to promote adolescent health, including mental health,
policies particularly with respect to reproductive health and substance abuse
and strengthen the programme for health education in schools. The Committee
suggests that a comprehensive and multidisciplinary study be undertaken to
understand the scope of adolescent health problems, including the negative
impact of STDs and HIV/AIDS, in order to be able to develop adequate policies
and programmes. It is also recommended that the State party undertake further
measures, including the allocation of adequate human and financial resources, to
evaluate the effectiveness of training programmes in health education, in
particular as regards reproductive health, and to develop youth-sensitive
counselling, care and rehabilitation facilities that are accessible without
parental consent, when this is in the best interests of the child.

7. Education, leisure and cultural
activities

Education

55. The Committee notes with concern the high drop-out
rates among girls after the third grade, particularly in rural areas; the
decline in the quality of education and the insufficiently participatory
teaching methods; the lack of trained personnel and insufficient infrastructure,
especially classrooms, in particular in large metropolitan areas and in the
south-east.

56. In the light of article 28 of the Convention, the
Committee recommends that the State party undertake appropriate measures to
ensure regular attendance at school and the reduction of drop-out rates, in
particular for girls. It encourages the State party to continue its efforts to
introduce pre-school education and to take further steps to ensure the enrolment
of children in secondary schools. It also encourages the State party to continue
to strengthen the teacher-training programme in order to increase the number of
trained teachers and improve the quality of teaching and to direct education
towards the aims mentioned in article 29.1 of the Convention and the Committee's
General Comment on the aims of education.

8. Special protection
measures

Refugee children

57. The Committee notes with concern that only
asylum-seekers from European countries are granted refugee status, thus child
asylum-seekers of non-European origin, who represent the majority, can be
granted asylum only on a temporary basis until they find a third country and,
therefore, do not always have access to education and health care. It notes that
personnel dealing with child asylum-seekers and refugees do not have training on
child rights issues, in particular on how to deal with children who are
unaccompanied and in cases of family reunification, as well as with children who
come from areas affected by war and who may have been victims of traumatic
experiences.

58. The Committee encourages the State party to
consider withdrawing the geographical limitation on the 1951 Convention relating
to the Status of Refugees and its 1967 Protocol in order to allow non-European
child refugees to be granted refugee status. Further it recommends that the
State party provide adequate training to officials who deal with child
asylum-seekers and refugees, in particular in child-interviewing techniques and
on how to ensure family reunification. Also, in accordance with the UNHCR
Guidelines on Protection and Care of Refugee Children, it recommends that the
State party ensure that every effort is made to identify children who require
special support upon their arrival in the State party, and consider providing
adequate psychological assistance to them. The Committee further recommends that
the State party strengthen measures to allow all child asylum-seekers and
refugee children full access to education.

Internally displaced children

59. The Committee expresses its concern at the large
number of internally displaced children in Turkey who were forced to leave their
home towns in the 1990s owing to the high level of violence in the south-east
region. The Committee is also concerned about their limited access to housing,
health services and education.

60. In line with the Guiding Principles on Internal
Displacement (E/CN.4/1998/53/Add.2), the Committee recommends that the State
party ensure that internally displaced children and their families have access
to appropriate health and education services and adequate housing. Further, it
invites the State party to collect data and statistics in order to know how many
children are displaced and what their needs are, with a view to developing
adequate policies and programmes.

Economic exploitation

61. The Committee takes note of the number of
protocols the State party has signed with ILO, in particular that for the
promotion of education of working children. However, it expresses its concern
that there is not a clear legal minimum age for working children and notes, in
this regard, the commission established under the Working Children Department of
the Ministry of Labour and Social Security to prepare a draft "Law about the
minimum age for work and protective measures for working children", which will
cover all children who work. It nevertheless remains worried about the large
number of children engaged in labour activities, in particular children working
in the fields, domestic workers, children working in small enterprises and
children working in the streets, who appear to be less protected by legislation.

62. The Committee recommends that the State party
continue to undertake measures to prevent and combat all forms of economic
exploitation of children, including commercial sexual exploitation.

Children living in the streets

63. While noting that a number of centres have been
established, with the collaboration of non-governmental organizations, to
provide counselling, training and rehabilitation services for children living in
the streets, the Committee nevertheless expresses its concern at the significant
number of such children and notes that assistance is generally only provided to
them by non-governmental organizations.

64. The Committee recommends that the State party
support existing mechanisms to provide children living in the streets with
adequate nutrition, clothing, housing, health care and educational
opportunities, including vocational and life-skills training, in order to ensure
their full development. Moreover, the State party should ensure that these
children are provided with rehabilitation services for physical, sexual and
substance abuse; protection from police brutality; and services for
reconciliation with their families.

Juvenile justice

65. The Committee notes as a positive development the
proposed extension of the competence of juvenile courts from 15 to 18 years of
age and the study started by the Ministry of Justice to harmonize the "Law about
the formation, duties and procedure of the juvenile courts" with the provisions
of the Convention, as well as the establishment of units for child protection
within the Security Directorates in every province and sub-district. However, it
remains deeply concerned at the major discrepancies between domestic legislation
concerning juvenile justice and the principles and provisions of the Convention.
In particular, it notes with concern that the minimum legal age for criminal
responsibility is 11 and that the Juvenile Courts Law covers children only
between the ages of 11 and 14, while children between 15 and 18 are subject to
the Penal Law. Further, it also notes with concern that even children between 11
and 14 may not be subject to the Juvenile Courts Law if they are accused of
having committed a crime falling under the jurisdiction of State security courts
or military courts or if they live in areas under a state of emergency. The fact
that detention is not used as a measure of last resort and that cases have been
reported of children being held incommunicado for long periods is noted with
deep concern. The Committee is also concerned that there are only a small number
of juvenile courts and none of them are based in the eastern part of the
country. Concern is also expressed at the long periods of pre-trial detention
and the poor conditions of imprisonment and at the fact that insufficient
education, rehabilitation and reintegration programmes are provided during the
detention period.

66. The Committee recommends that the State party
continue reviewing the law and practices regarding the juvenile justice system
in order to bring it into full compliance with the Convention, in particular
articles 37, 40 and 39, as well as with other relevant international standards in this
area, such as the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for
the Prevention of Juvenile Delinquency (the Riyadh Guidelines), with a view to
raising the minimum legal age for criminal responsibility, extending the
protection guaranteed by the Juvenile Law Court to all children up to the age of
18 and enforcing this law effectively by establishing juvenile courts in every
province. In particular, it reminds the State party that juvenile offenders
should be dealt with without delay, in order to avoid periods of incommunicado
detention, and that pre-trial detention should be used only as a measure of last
resort, should be as short as possible and should be no longer than the period
prescribed by law. Alternative measures to pre-trial detention should be used
whenever possible.

67. With reference to children deprived of their
liberty, the Committee recommends that the State party incorporate in its
legislation and practices the provisions of the United Nations Rules for the
Protection of Juveniles Deprived of Liberty, in particular guaranteeing them
access to effective complaints procedures covering all aspects of their
treatment, and taking appropriate rehabilitative measures to promote the social
reintegration of the children involved with the juvenile justice system.
Finally, the Committee recommends that the State party seek assistance from,
inter alia,
the Office of the High Commissioner for Human Rights, the United Nations Centre
for International Crime Prevention, the International Network on Juvenile
Justice and UNICEF through the United Nations Coordination Panel on Technical
Advice and Assistance on Juvenile Justice.

Optional protocols

68. The Committee encourages the State party to ratify
the Optional Protocols to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography, and on the involvement of
children in armed conflict.

9. Dissemination of documents from
the reporting process

69. Finally, the Committee recommends that, in the
light of article 44, paragraph 6, of the Convention, the initial report and
written replies presented by the State party be made widely available to the
public at large and that the publication of the report be considered, along with
the relevant summary records and the concluding observations adopted thereon by
the Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention and its implementation and monitoring
within the Government and the general public, including NGOs and
children.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland