Children's Rights

The Convention on the Rights of the Child, approved on November 20, 1989, and signed by Turkey in 1990, acknowledges and states that children's physical and psychological conditions and behavioral characteristics are different from those of adults, and that they should be approached within the framework of these differences. The convention emphasizes that children are not miniature versions of adults, but individuals with their own unique rights and needs. Since its adoption by the United Nations, the convention has served as a reference point for the protection and development of children worldwide. Violations of children's rights occur in many parts of the world, especially in underdeveloped and developing countries. This convention aims to rectify and regulate the situation of children who are used as cheap labor, exploited in illegal jobs, involved in prostitution, denied education, and forced to beg. The convention defines individuals under the age of eighteen as children and recognizes that they possess inalienable rights until this age. This declaration is the first article of the Convention on the Rights of the Child.

The Fundamental Philosophy of the Convention and Four Main Principles

The Convention on the Rights of the Child not only lists rights but also presents a fundamental philosophy to ensure the implementation of these rights. Comprising 54 articles, this convention is built on four main principles:

• Non-Discrimination Principle: The convention states that children's rights apply to all children regardless of where they were born, what language they speak, what religion they belong to, whether they have disabilities, or which social class they belong to. This principle advocates that every child has equal value and that none should be placed in a disadvantaged position. States are obliged to take necessary legal and administrative measures to protect children from discrimination.

• Best Interests of the Child Principle: It is accepted that those who enact laws and practices concerning children must primarily consider the best interests of the child. This principle states that in every decision related to the child, from custody cases to school discipline regulations, the child's interests must be prioritized. This is the most important and frequently referenced article of the convention.

• Right to Life and Development: The right to life is expressed as a fundamental right of every child, and it is stated that protecting children's lives is everyone's primary duty. This right encompasses not only the right to survive but also the right to grow and develop healthily. Providing all necessary conditions for physical, mental, emotional, and social development (clean water, healthy nutrition, shelter, quality healthcare) is the responsibility of the state and society.

• Participation Principle: The convention recognizes the right of children to freely express their views on matters affecting them and for these views to be taken into account according to their age and maturity level. This aims for children to become active participants in their own lives rather than passive recipients. School councils, children's rights committees, and participation in family decisions are concrete examples of this principle.

Fundamental Rights Included in the Convention

The Convention on the Rights of the Child stipulates that children should be provided with opportunities for nutrition, shelter, play, rest, and medical care.

• Right to Identity, Citizenship, and Family Ties: According to the convention, every child has the right to a name and citizenship, and the state is obliged to register the child's name and provide them with an identity at birth. It ensures that children grow and develop fully, preserving family ties; all of these cannot be changed or taken away by force. In such cases, the state must oppose the deprivation of these fundamental rights from children.

• Right to Health and Care: It is stated that special care and protection should be provided to the child and mother during the prenatal and postnatal periods for healthy growth. This includes regular health check-ups, vaccinations, preventive services against diseases, and rehabilitation opportunities for disabled children.

• Right to Education: Every child has the right to receive basic education. This right encompasses not only learning to read and write but also receiving an education that fully develops the child's personality, abilities, and mental-physical potential. The convention states that education should raise children as individuals who respect human rights and their own cultural identity.

• Right to Live with Family and Protection: Every child has the right to live with their family. If parents are unable to care for the child, alternative care should be provided, and the child should be protected from harm. In such cases, every child has the right to regularly visit their parents. Additionally, states should facilitate the reunification of children with their families when their parents are in different countries.

Special Provisions for the Protection of Children

The convention does not only see children as rights holders but also aims to protect them from all kinds of dangers and exploitation.

• Protection from Economic and Sexual Exploitation: Preventing children from being used as commercial commodities in any form is one of the most important articles of the convention. Forced labor (child labor), begging, or exposure to sexual abuse is strictly prohibited.

• Protection from Violence, Neglect, and Abuse: The convention guarantees the right of children to be protected from all forms of abuse and neglect, including physical, mental, emotional, and sexual violence.

• Child Soldiers and Justice: Ensuring that children under the age of fifteen are not recruited into the military is one of the special provisions of the convention aimed at protecting children in war and conflict situations. Additionally, it aims to evaluate juvenile offenders within a different justice system than adults and prioritize their reintegration into society.

• Rights of Disabled Children: Special rights have been established for children who are physically, mentally, or socially disabled; the treatment, education, and care needs of these children must be met.