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Minority RightsEuropean Convention on the Exercise of the Rights of the Child
LAW ON APPROVAL OF THE EUROPEAN CONVENTION ON THE USE OF CHILDREN'S RIGHTS
Law No. 4620
Acceptance Date: 18.1.2001
Official Gazette Date: 01.02.2001
ARTICLE 1. The “European Convention on the Exercise of the Rights of the Child” signed by our country on 9 June 1999 has been approved by the attached declaration.
ARTICLE 2. This Law enters into force on the date of its publication.
ARTICLE 3. The provisions of this Law are executed by the Council of Ministers.
EUROPEAN CONVENTION ON THE USE OF CHILDREN'S RIGHTS
Strasbourg, 25.1.1996
Preface
Member States of the Council of Europe and other signatory States of this Convention,
Considering that the aim of the Council of Europe is to establish a closer union between its members,
Considering the United Nations Convention on the Rights of the Child, and in particular article 4 of this Convention, which requires States Parties to implement the legal, administrative and other rights recognized by the Convention;
Noting the content of the Parliamentary Assembly's Recommendation 1121 (1990) on the rights of the child,
Convinced that the rights and best interests of children should be promoted and that children should thus have the opportunity to exercise these rights, particularly in family matters concerning them,
Recognizing that children should acquire the information necessary to promote their rights and best interests and that their views should be duly addressed,
Recognizing the importance of the role of families in the protection and promotion of the rights and best interests of their children, and considering the need for States to participate in this protection and promotion where necessary,
However, bearing in mind that in case of disagreement it would be appropriate for families to try to find a solution without bringing the problem before a judicial authority, they agreed on the following:
Part I – Scope of application, purpose and definitions of the Convention
Article 1 – The scope and purpose of the contract
1) This Convention applies to children who have not reached the age of 18.
2) The purpose of this Convention is to promote the rights of children in their best interests, to grant them procedural rights and to facilitate the exercise of these rights so that children are informed, directly and by other persons or bodies, of the proceedings before a judicial authority that concern them and are permitted to participate in such proceedings.
3) For the purposes of this Convention, cases before a judicial authority concerning children are those relating to custody responsibilities, in particular child residence and personal contact with children.
4) Each State, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, shall, in a statement addressed to the Secretary General of the Council of Europe, determine before a judicial authority at least three types of family disputes to which this Convention applies.
5) Each of the parties, with an additional statement, may specify additional family disputes to which the Convention will apply, or may provide information regarding Article 5, paragraph 2 of Article 9, paragraph 2 of Article 10, and Article 11.
6) This Convention does not prevent the Parties from implementing more favorable rules in the promotion and exercise of children's rights.
Article 2 – Definitions
In this Agreement,
1. a) "judicial authority" means a court or an administrative authority with equal powers;
2. b) Parents and other persons or institutions authorized to exercise all or part of their custody responsibilities,
c) a person or institution, such as a lawyer, designated to act on behalf of a child before a judicial authority, which means "representative",
4. d) The phrase “relevant information” means appropriate information to be given to the child, taking into account his age and cognitive power, in order to enable the child to fully exercise his or her rights, provided that providing this information does not harm the child's well-being.
Part II – Procedural measures to promote the enjoyment of children's rights
1. Procedural rights of the child
Article 3 – The right to be informed in cases and to express their opinion during the proceedings
A child, who is recognized by domestic law as having sufficient understanding, is given the following rights, which he can request to benefit himself in cases before a judicial authority that concern him:
1. a) receive all relevant information;
2. b) to be consulted and to express his or her opinion;
3. c) to be informed of the possible consequences of the implementation of their views and the possible consequences of any decision.
Article 4 – Right to request the appointment of a special representative
1) Without prejudice to Article 9, if domestic law deprives the child's parents of the opportunity to represent the child due to a conflict of interest, the child has the right, either personally or through other persons and institutions, to request the appointment of a special representative to represent him/her before a judicial authority in cases concerning him/her. .
2) States are free to provide that the right in paragraph 1 applies only to children who are recognized by domestic law as having sufficient understanding.
Article 5 – Other possible procedural rights
The parties, in particular, regarding cases involving children before a judicial authority, in particular;
1. a) the right to seek assistance from an appropriate person of their choice to assist in expressing their views;
b) the right, by themselves or through other persons or institutions, to seek the appointment of a separate representative, a lawyer where appropriate,
3. c) the right to appoint their own representatives;
4. d) the right to exercise all or part of the rights of the parties in such proceedings;
examine the possibility of granting additional rights such as
1. The role of judicial authorities
Article 6 – Decision process
In cases involving a child, the judicial authority, before taking a decision:
1. a) Check whether they have sufficient information to make decisions in the best interests of the child and, if necessary, provide additional information, particularly from those who hold custody.
2. b) Where the child is considered by domestic law to have sufficient understanding,
– make sure that the child has acquired all the necessary knowledge.
– consult the child, if necessary, either himself or through other persons or institutions, where appropriate and in a manner appropriate to the child's understanding, unless this is clearly in the best interests of the child.
– allow the child to express his or her opinion.
1. c) Give due importance to the opinion expressed by the child.
Article 7 – Urgent obligation to act
In cases involving a child, the judicial authority should act quickly to avoid unnecessary delay, and arrangements should be made to ensure that its decisions are implemented promptly. The judicial authority has the power to take immediate actionable decisions when necessary in emergencies.
Article 8 – Taking action on own initiative
In cases involving a child, the judicial authority has the power to act ex officio where it is determined by domestic law that the child's well-being is in grave danger.
Article 9 – Appointment of a representative
1) In cases involving a child, the court has the power to appoint a special representative for the child in cases where, under domestic law, persons with custody responsibilities are excluded from the power to represent the child as a result of a conflict of interest with the child.
2) In cases involving a child, the parties consider the possibility of ensuring that the judicial authority has the power to appoint another representative to represent the child, if necessary, a lawyer.
1. The role of representatives
Article 10 –
1) The representative, in cases concerning the child before a judicial authority, provided that it does not contradict the best interests of the child;
a) Provide the child with all necessary information if it is recognized by domestic law that he has sufficient understanding;
b) Provide the child with an explanation of the possible consequences of the application of his opinion and the possible consequences of each action of the representative, if it is recognized by domestic law that he has sufficient understanding;
2. c) Determine the child's opinion and submit it to the judicial authority.
2) The parties consider the inclusion of persons with parental responsibility within the scope of the provision of paragraph 1.
1. Extension of some provisions
Article 11 –
The parties consider that the cases concerning children before other institutions and the issues related to children that are not in the subject of the case should be included within the scope of the provisions of Articles 3, 4 and 9.
1. National Institutions
Article 12 –
1) The Parties shall promote, inter alia, the development and exercise of the rights of the child through institutions that have the functions set forth in paragraph 2 in particular.
2) These functions are:
1. a) make proposals to strengthen the provisions of the law on the exercise of children's rights;
2. b) to give opinions on draft legislation on the exercise of children's rights;
c) provide general information on the exercise of children's rights to the media, the public, individuals or institutions dealing with children's issues,
4. d) seeking the opinion of children and providing them with all necessary information.
5. Other measures
Article 13 – Mediation and other dispute resolution issues
In order to prevent or resolve disputes and to prevent cases involving children before a judicial authority, the Parties encourage the application of mediation and all other methods of dispute resolution and the use of these methods in reaching an agreement in appropriate cases determined by the Parties.
Article 14 – Legal aid and legal advice
Where domestic law provides for legal aid and legal advice for the representation of children in cases involving children before a judicial authority, these provisions apply to the problems contained in Articles 4 and 9.
Article 15 – Relations with other international documents
This Convention shall not preclude the application of other international instruments to which a Party is or will be a party, dealing with special issues relating to the protection of children and families.
Part III – Standing Committee
Article 16 – Establishment and functions of the Standing Committee
1) A Standing Committee has been established for the purposes of this Convention.
2) The Standing Committee follows up on issues relating to this Convention. This committee specifically:
1. a) It may examine any relevant issue regarding the implementation or interpretation of the Agreement. The Standing Committee's conclusions on the implementation of the Convention may be in the form of a recommendation; recommendations are adopted by a three-quarters majority of the voters;
2. b) propose amendments to the Convention and examine proposed amendments in accordance with article 20;
3. c) Provide advice and assistance to national institutions performing the functions provided for in article 12, paragraph 2, and promote international cooperation between them.
Article 17 – Formation
1) Each Party may be represented by one or more delegates before the Standing Committee. Each Party has one vote.
2) Any State referred to in article 21 that is not a party to this Convention may be represented on the Standing Committee by an observer. The same applies to the other State or the European Community after being invited to accede to the Convention in accordance with the provisions of Article 22.
3) If one of the parties does not inform the Secretary-General of its dissenting opinion at least one month before the meeting, the Standing Committee;
Any State not provided for in paragraph 2 above;
the United Nations Committee on the Rights of the Child;
European Community;
Every international government agency;
any international non-governmental organization that carries out one or more of the functions provided for in paragraph 2 of article 2;
invite any national, governmental and non-governmental organization exercising one or more of the functions provided for in article 3, paragraph 2, to attend all meetings or attend all or part of a meeting as an observer;
4) The Standing Committee may exchange information with appropriate organizations engaged in the implementation of children's rights.
Article 18 – Meetings
1) The Secretary General of the Council of Europe shall, on his own initiative, invite the Standing Committee to convene at any time after the expiry of three years from the date of entry into force of this Convention.
2) The Standing Committee may take decisions provided that at least half of the Parties are present.
3) Decisions of the Standing Committee are taken by the majority of the members present, without prejudice to Articles 16 and 20.
4) Without prejudice to the provisions of this Convention, the Standing Committee prepares its own internal regulations and internal regulations of each working group it will set up to perform all appropriate tasks under the Convention.
Article 19 – Reports of the Standing Committee
After each meeting, the Standing Committee sends a report on the discussions and decisions taken to the Parties and to the Committee of Ministers of the Council of Europe.
Section IV – Amendments to the Convention
Article 20 –
1) Any amendment proposed by either Party or the Standing Committee to the articles of this Convention shall be notified to the Secretary General of the Council of Europe, and by him at least two months before the next meeting of the Standing Committee, to the member States of the Council of Europe, to each signatory, to each Party, transmitted to each State invited to sign this Convention in accordance with the provisions of article 21 or to the European Community invited to accede to the Convention in accordance with the provisions of article 22.
2) Any amendment proposed in accordance with the provisions of the previous paragraph shall be reviewed by the Standing Committee. The Standing Committee submits the text accepted by the three-quarters majority of the participants for the approval of the Committee of the Council of Ministers. This text is sent to the Parties for acceptance after ratification.
3) Each amendment shall enter into force on the first day of the month following the expiry of one month from the date on which all Parties notify the Secretary-General of their acceptance of the amendment.
Section V – Final Provisions
Article 21 – Signature, ratification and entry into force
1) This Convention is open for signature by the member States of the Council of Europe and by the non-member States of the Council of Europe which participated in the creation of the Convention.
2) This Agreement shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance and approval shall be deposited with the Secretary General of the Council of Europe.
3) This Convention shall enter into force on the first day of the month following the expiry of a period of three months following the date on which three States, including at least two Council of Europe member States, have declared their consent to be bound by the Convention, in accordance with the provisions of the previous paragraph.
4) For any State which subsequently declares its consent to be bound by this Convention, the Convention shall enter into force on the first day of the month following the expiry of the period of three months following the deposit of its instrument of ratification, acceptance and approval.
Article 22 – Non-Member States and the European Community
1) From the entry into force of this Convention, the Council of Europe, the Committee of Ministers, on its own initiative or after consultation with the Parties, after consultation with the Parties, shall declare every State of the European Community that has not participated in the formulation of the Convention, Article 20 of the Statute of the Council of Europe, It may invite to accede to the Convention by decision of the majority provided for in paragraph “d” and by unanimous vote of representatives of States Parties entitled to be represented in the Committee of Ministers of the Council of Europe.
2) This Convention shall enter into force for each acceding State or the European Community on the first day of the month following the expiry of three months from the deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 23 – Territorial scope of application
1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territory of which this Convention applies.
2) The Parties may, at a later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the scope of application of this Convention to the territory of any other country specified in the declaration, which is responsible for its international relations or is authorized to make commitments on its behalf. The Convention enters into force for the territory of the country on the first day of the month following the expiration of the three-month period following the declaration to the Secretary General of the Council of Europe.
3) Any declaration made pursuant to the two preceding paragraphs may be withdrawn by a notification to the Secretary-General in respect of the territory or territory of the country to which this declaration is made. The withdrawal shall take effect on the first day of the month following the expiry of three months from the receipt of the notification by the Secretary General.
Article 24 – Reservations
No reservations may be made to this Convention.
Article 25 – Termination
1) Each Contracting Party may terminate this Convention by notification to the Secretary General of the Council of Europe.
2) Annulment shall enter into force on the first day of the month following the expiry of the three-month period from the receipt of the notification by the Secretary General.
Article 26 – Notifications
The Secretary General of the Council of Europe, to the member States of the Council, to every signatory, to every
To the Party and to all other States invited to accede to the Convention and to the European Community:
1. a) Each signature;
2. b) the deposit of any instrument of ratification, acceptance, approval or accession;
3. c) any date of entry into force in accordance with Articles 21 and 22 of this Convention;
4. d) any amendment adopted in accordance with article 20 and the date of entry into force of that amendment;
5. e) any declaration made under the provisions of Articles 1 and 23;
6. f) any termination made pursuant to the provisions of Article 25;
7. g) Notify any other transaction, notification or correspondence concerning this Agreement.
By accepting the above provisions, the undersigned, duly authorized, have signed this Agreement.
Done at Strasbourg, this 25th day of January 1996, in a single copy, in English and French, both texts being equally authentic, which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit a certified copy of the Convention to the member States of the Council of Europe and to the non-member States contributing to the drafting of this Convention, the European Community and any State invited to accede to this Convention.
DECLARATION TEXT
“The Republic of Turkey declares that, pursuant to Article 1, paragraph 4, of the Convention, the Convention shall apply before a judicial authority in the following categories of family law cases.
1. Divorce cases,
2. Separation cases,
3. Cases regarding custody of children,
4. Establishing a personal relationship between the parent and the child,
5. Cases regarding the establishment of paternity by court decision”
Source: Human Rights Foundation of Turkey