The First Children’s Forum, 2000: Participating in Legislation

Problems with legislation

There is no such thing as a criminal child; there are children who are forced into crime. The child picks up bad influences from his/her family and surroundings.

Children should not be punished like adults for their misdeeds; we can’t redeem them that way. In order to rehabilitate them, we must educate them.

While he is being questioned, the already frightened child’s knees are weak, he’s shaking like a leaf when he sees uniforms and then he is taken to and from detention. Those who handle children in this sort of situation should both avoid wearing a uniform and be well-trained enough to understand child psychology.

When parents decide to get divorced, it’s really the child whose opinion the judge should ask: ‘Which one of your parents do you want to live with -- what do you think?

Convention on the Rights of the Child, Article 3:

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

This is how those of us in the group that discussed children’s right to participate in the administration of justice expressed our thoughts. Even if laws related to us contain long, complicated texts that we don’t understand, in essence, we have attempted to tell grown-ups what these laws should contain.

Action for legislation

What should be done?

Laws preventing children from forming (health related) associations should be abolished.

How should this be done?

Support of authorised organs and politicians should be sought for children to exercise their participatory right.

Who should do this?

The Turkish Grand National Assembly

When should this be done?

Until 23 April 2001

What should be done?

Children turning to crime should be educated using different approaches for rehabilitation that also take their wishes and views into consideration.

How should this be done?

The media should be employed as a means to provide information. Information meetings should be organised at schools to reduce the juvenile crime rate.

Who should do this?

Children should actively participate in information meetings with the steering of experts. Non-governmental organisations should be set up. And children should enlighten their schoolmates, families, and friends.

When should this be done?

All activities should be started as soon as possible.

What should be done?

The child should be heard directly or through a representative at civil courts as well as at criminal courts.

How should this be done?

An adequate number of experts should be on duty at these courts to ensure that the child can exercise his/her freedom of expression and his/her right to participate.

Who should do this?

The State should make the necessary legal and organisational arrangements.

When should this be done?

All activities should be started as soon as possible.

What should be done?

The physical appearance of juvenile courts and the formal attire of staff at these courts should be modified to be less intimidating to children.

How should this be done?

Children’s opinions should also be sought for these changes.

Who should do this?

The State, universities, non-governmental organisations, and children should perform this activity. The activity should be carried out in collaboration with relevant persons, agencies, and institutions.

When should this be done?

All activities should be started as soon as possible.

What should be done?

Arbitration agencies should be resorted to in all cases involving children, and the conditions necessary for the child’s self-expression should be provided.

How should this be done?

Arrangements should be made in the organisational structure and legislation.

Who should do this?

The State and non-governmental organisations should perform this activity.

When should this be done?

All activities should be started as soon as possible.

What should be done?

Prior to trial, the child should be prepared by psychological experts and provided with legal information.

How should this be done?

This information should enable the child to actively use his/her participatory rights.

Who should do this?

Bar associations, relevant departments of universities, volunteers, and non-governmental organisations should perform this activity.

When should this be done?

All activities should be started as soon as possible.

What should be done?

In order to improve children’s participatory skills, the right of children to form associations, provided for in the Convention on the Rights of the Child, should be put into practice.

How should this be done?

Information activities should be initiated to resolve such problems as those arising from criminal records.

Who should do this?

The State will make the necessary legislative arrangements to accord children the right to form associations. The children in turn will use their participatory right to carry out the social activities needed to publicise the Convention on the Rights of the Child (CRC). Adults are obligated to provide material and spiritual support to children in their efforts to exercise their participatory rights.

When should this be done?

All activities should be started as soon as possible.

Opinion on legislation

Delegate, from Ankara

I’m taking part as the representative of the Peace Scout Club in Ankara.

In Turkey we can’t form associations but in scouting, children under eighteen years of age have the right to gather in clubs and freely express their opinions.

Suat, from Trabzon

In my view there is no such thing as a guilty child -- there is only an accused child. In our country the police run after a child who’s sesame bread in the street, while there are people in high places who have robbed the State.

Convention on the Rights of the Child, Article 40:

A child in conflict with the law has the right to treatment which promotes the child’s sense of dignity and worth, takes the child’s age into account and aims at his or her reintegration into society. The child is entitled to basic guarantees as well as legal or other assistance for his or her defence. Judicial proceedings and institutional placements shall be avoided wherever possible.

Deniz, from Giresun

Children should be kept in juvenile detention centres rather than in prisons until they are found guilty. If they are being encouraged by their families to commit crimes, they should be kept away from their families for a certain amount of time -- of course taking care not to frighten the child. The child should be given psychological help and should be educated on the subject -- taught not to commit crimes.

Müslüm, from Urfa:

I want feuding to be abolished, because children are the ones who suffer most.

Tayfun Talipoğlu, reporter:

So, why do you suppose feuding is so common where you’re from?

Müslüm:

Because it’s the East, because blood feuds are common in the East.

Tayfun Talipoğlu:

So, do you know how blood feuds begin?

Müslüm:

There are many people who haven’t been to school in Eastern Anatolia; it’s because of ignorance.

Tayfun Talipoğlu:

How many children are in your family?

Müslüm:

Eight.

Tayfun Talipoğlu:

How many boys, and how many girls?

Müslüm:

Five boys and three girls.

Tayfun Talipoğlu:

If you happened to see your sister with a boy friend in Urfa, what would you do?

Müslüm:

Me, I would beat her.

Tayfun Talipoğlu:

But why would you beat her -- because you want to, or because they’d expect you to do something like that in Urfa?

Müslüm:

Because such things aren’t done in Urfa, that’s why.

Tayfun Talipoğlu:

Why aren’t such things done in Urfa? I mean don’t girls and boys walk side by side? … They do.

Müslüm:

I mean, if such a thing happened in Urfa, they’d be ridiculed.

Tayfun Talipoğlu:

So, you’re saying, Maybe I wouldn’t really want to beat her, but there would be social pressure on me in Urfa, like ‘Why didn’t you beat your sister?’

Müslüm:

Yes.

Tayfun Talipoğlu:

But don’t you think it’s past time to break this chain? Look at you, here as a big delegate. Right now, you’re Turkey’s one child in eighty-one. There should be something you could do, shouldn’t there? On the one hand you say you want traditional killings to be stopped, on the other hand, you bow to social pressure. Let me ask you again: Would you beat your sister if you saw her with a boy?

Müslüm:

No.

Continue to the next section Participating in the Media.

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