PREFACE/ Nezih DANYAL/Cartoonist
“ Living is the basic right of every child and
everybody’s mission is to protect the children’s lives“ says the Declaration of
Child Rights.
But, if we look at the news on media and press
nowadays, “There has been an increase of killing children by beating and
neglect, child abuse has become to the baby age“
“According to UN’s report; the world’s situation
is terrifiying. Every hour, 1,200 children are dying because of starving,
poverty and the heavy destruction of the war that has done at that areas”.
“UN Fed Committee; despite of obtaining an
important development through struggling the poverty last years, due to the
numerals explaining, it is 126. 5 million children who are in weak structure
under 5 years old worldwide”.
“English Aid Foundation Oxfam explained that 45
million children are going to die in 10 years because of the rich countries not
keeping their promises of helping”.
“According to UN’s Child Fund UNICEF’s last
report; ‘200 million children are being abused worldwide’ and due to the
report, every one child out of 12 is forced to be worked as slaves, soldiers or
sex workers with cruel conditions”.
“According to the report of ‘Save the Children’
organization in The States, children are included into wars or violence nearly
at 30 countries and 43 million children cannot go to school because of the wars
at their countries worldwide”.
Through the quotations which we gathered from
the newspapers, children are living under poverty, hunger, violence, abuse and
the worst; threat of death. After seeing and realizing the crookedness which
the children worldwide are living unjustly, cartoons have to shout for them.
We have started ‘Cartoon and Child Rights’
Project which is mostly supported by European Commission Turkish Delegation
that is also constituted jointly by Agenda Child Association and FECO
The project has been
started with the workshop facilities in May with the participants of Turkish-English
Cartoon
artists in order to
support sensitivity and consciousness about child rights and its culture
through the public opinion. The facility will move on in
The
facility in which English
and Turkish cartoonists and scientists were participated, Cartoon
artists and the participants with their different point of views aimed to
develop sensitivity and consciousness in the public opinion about children
rights. The cartoon album in your hands is the result of this effort.
I, hereby, thank all the cartoonists, scientists,
foundations and associations that contributed their efforts to us during this
facility.
Hoping to announce our voice to those insensitive
people by shouting altogher “Children and Child Rights”
CHILD RIGHTS AND
CARTOON/Tan Oral/ Cartoonist
The important problem about child rights is to
disregard that they are human beings and to forget that they have the rights as
grown-ups have. As if they are small so that they cannot benefit from human
rights or just a little. . . I wonder is it because they are talking about
private and priviliged rights for the children so importantly?
Of course, as children are all private, it is
inevitable to acknowlegde them some extra rights. But, the main thing is to require
in order to acknowlegde and give this right by accepting that this is children’s
natural right in determining and defending the child rights. If, at this point,
Cartoon Art can succeed in taking part next to the children and bombarding to
make the adults behave, then it will be worth to mention about ‚Cartoon and
Child Rights’ at the same time.
CHILDHOOD/Steve Mumberson
Childhood should not be restricted by race, wealth,
nationality, religion or status---yet adults still try to impose limits on children in the belief that curiosity and the
creative open nature of children needs to be controlled. Adults of all cultures
have hoped to suppress a child life into an idealize conservative structure, as
if the problems and troubles of life could be eliminated by following a set of
rules. Hence children are lectured with half truths and stories that take a
life time to un-learn. The fearful adult world avoids that which it believes is
beyond the child understanding or experience. So child enter the mature world
with conceptions, myths and wise tail best suited to a by go age. For parent a
child future is like a well kept garden with every plant set in a grand order
plan but a children lives, like the plant world is just not that ordered or
controlled. The future also never fits the script or reason applied to it so often event appear surprising yet
the one thing that is predictable about the future is that it can not be
foreseen.
Our
children have to face the results of a period of rapid technological and material
progress across the world. The affects differ in the different countries and
levels of wealth but the world can no longer be so easily divided into modern
industrial or farming society in the
information age the abilities of the
people with a society can hold mayor economic power. The value of the
imagination has become supreme and without a strong creative source within the
population a country is doomed to build
and construct the ideas of others. Yet still with this need for fresh
eyes so many children potentials are not
achieved but wasted in ignorance and with basic needs or plague as in the West
by material greed or drugs. In some societies children have lives crushed by
being forced to work as cheap labour,sex workers or even child solders. Humanity instead of
treasuring youth so often seems to poison it.
The
future is regularly described in hopeless terms –humanity seems doomed to self
destruction through ever increasing causes pollution,uncontrolled industrial
expansion, too many humans greed and destruction of the environment. Not to
mention war,social conflict or the pressures on all natural resources such as
water—scratch away one problem and expose another ten new problems. The future
appears to be without solutions –a dark and fearful place. Children are not
weighed down by knowledge of what might be but continue to experience the world
in immediate terms . Experience is what is in front of the body,what is to hand,whatever
attracts the eye, fells strange to the touch, is oddly shaped, coloured, tastes,
smells or makes a sound. For young
children the world is an endless expression of play and exploration no
matter how small the area or how
domestic the location. It is only with the openness of child and its
imagination can the future be dealt with.
Hand a group of children pencils, brushes, paint
and lots of paper and may a simple idea and in a short period there will be a
collection of different drawings and works, each different and individual. Children
have no fear of the imagination or the actions of creation whereas working with
adult non professionals is an exercise in fear of the slightest slip. It
strange how adults loose the ability in
maturity to relate the marks made by a drawing instrument or allow their
minds to wonder across associated creative ideas. Where a child will freely
invent –an adult will trace.
It is that
flexing of the child creative invention, his or her sense of magic and
wonder in the world which the source of adults involved in later life with the
arts and the sciences. Loose the ability to wonder, feel every moment as if it
where new or to value something not seen before and you are ready for the bank
clerks or accountant notion of life,count for and part of the living dead---a
dull dusty shell of a human being!
Read a daily paper with any report on a nasty
crime or individual involved in the mistreatment of children and it is often found that cruel
suffering occurred to that adult in childhood at the hands of another abuser. Like
a endless round from one generation to the next the mistreated child is the
parent to the abusing adult. Is it that humanity fears children for their
energies and wonder at life or has the market
blinded our basic very being and view of the young? Is it jealously to
the experience of youth? Or is it the knowledge that in some simple and joyful
way that children do see the world as it is –its fears, its joys, its horrors, its
beauty and its simple pleasures?
The news still is negative for most children in
the world born into war, abuse, poor homes,lack of education, water, food and
care. Only through recognizing the child as part of society, a full member with
rights and needs, a particular gift to all society and therefore important to
every living adult can the rights of the child truly be said to exist. Childhood
need to be given a voice at the table of
political government across the world so that the voiceless and forgotten can
be herd.
LIFE AND
Life is a lively(interesting)adventure that is
sometime amusing,sometime hard to go up and down and always try reaching to the
last stops. The duties in every improving steps are the important stones which
define these stops. İn order to respect to this adventure and to have fun this
journey it is necessary passing the stop right, going to far away and also
everybody which are related to this journy have to the their works sufficiently.
Getting information about stops and thinks that being realised along the way,
make possible the life more density and to be ready for the suprises and to get
more fun. In fact invesment to the children starts prenatal. For the future
expectations can be concretized when the name will be given. Child sometime is
a hope for it’s family, sometime keeps it grandfather name alive. It always to
be said ‘have a good future’. To be noticed gives him confidence and ensure him
along way. In that subject, in our country it is seen that training, care,
housing and protection are not copletly enough for the children who fight with
economic problems and are lack of education. In order to establish sound
relations between child and parents, parents have to be persons that know what
is love, learning and passing. When the parents are confident from healty of
their learning, and implementations, the children will be able to live with a
great exitement in this safety surroundings. But because of insufficent care, bed
living conditions, increasing violence and unprerared parentship, children are
taking step to an unsafe and unequipped journey. Difficulties are different in
poor families. In spite of this poverty parents can manage to understand child
tongue and also answer them and to notice theie existance. The more important
thing to know the necassary datas for this journey.
The second main stop starts with its
individualizm and with leaving of child gradually from the main stop. It starts
to be an individual and wants to have safety surroundings. He will be fed in
good way, the barriers will be removed,he will be encouraged and will be on its
way. It has the right to do this. Keeping on this stop gives him demage. But it
always must be control led and encouraged and the atmosphere must be prepared.
Child who sees its freedom wants to go to last
stop more safety,exited and free. It always to go as it does. It has thought a
lot of power on its hand and wants to live this with great pleasure.
But the adults who do not know this stop, do not
notice of this freedom of child. They put hand on its right over restrictions
or occur it to go to wrong way with over unlimitness. Experiments of way realized
without guading occur to take the wrong way. Parents who know the way in
advance will support with safety improving and will not hurt their children
with unnecessary stubborn and unsuitable responsibilities. This stage is ideal
period to be noticed children rihgts and responsibilties. In order to talk
about children rights want work and it is necessary to think on it and to study
samples with different ways. Parents who has the rights thoughts will be able
to explain that this road map better. They will be able to direct the children
in good health when they know that where and how the children will be able to
explain to start their rights. Parents who know that unlimited freedom will
hurt their children,help them to go away.
Around 3 years age on which sexual identity is
discovered is one of the very important stage of life with the shape of open or
closed. Even Suppressed efforts is an indicator of this World that is to be
considered important. Improving sexual identity realizes with growing of biological
structure taking as example of parents and perceiving as identical with them. Sound
sexual identity is improving with leadership of parents who notice of sexual
identity and enjoying pleasure of this. But discrimination of sexuality in our
country is shown that the important right is under the feet. While circumcision
of male children is being celebrated with feasts and gifts menstruating of
female children is being seen as sickness of being shamed and being kept as a
secret. The sense of lack on women occur to be mothers who lost their respects.
But a child is a right foot of his mother and a left foot of his father. The
much balanced these two feet are the more the child goes ahead. These feet have
to support each other and not to tie up.
Otherwise the child ties up and falls down. Every
child has main right to live at the shape of its pride without any
discrimination with its identity and personality.
These ages are a shape to be lived opening to
the outher World and establishing relations of the same ages. Learning is a
shape that gets speed and opens all its antennas. It will try the things that
learn up to now how much is true and suitable together with its friends. The
first steps of socializm are at this stage. In order to reduce the different
between the children of rich and poor families it is necessary to give training
prior to school. Our children are lack of training prior to school.
Game period is very important for children. Child
will explore itself when it plays the game and destroy its fears. The biggest
competitor is TV for parents at this stage. Training quality is high when it is
used in good period. But there are many bad programmes that contain over
sexualty and violance. This is an important children rihgts to prevent this kind
of programmes.
The school one of the biggest and crowded stops.
It is a leader for children. Teachers are like signatures put on the children. At
this reason they have to know how to train the children. For training it must
be high quality and qualified teachers. Equality of opportunity on the
education is the best important thing for children rights. Developed technology
is increasing the possibilities of training. But the training given for the
teachers are not sufficent. Number of the teachers and classrooms are under
necessity. Game for the children also is necessary at the period of school. But
our training system gets the play hours from the children hands and instead
private schoolrooms dominate their livings. And there are no time for sports,arts
etc. which give a sound living.
Bachelorhood period is a stop where the lights
put on and out. Opinions and proposals of friends mostly are noticed. This
period is a new test to be shaped of identity improving. They need to be
directed and protection.
This journey is sometime with problems and full
with diffıculties. And also sometime parents and child need some special
necessity. Illness of children is a preceding act without any condition. If the
parents can not take care of their children it must be found suitable parents
or a new circuit for them. This is a right for children But the qualified
psychiatrists,trainers in our country are not enough number according to the
population. Whereas this kind of problems must be realized during the period of
childhood. Every child must get a suitable training accordance to its capacity.
Otherwise this is lack of respect to its righs. Special training programmes
must be for the children who need special necessity.
Street children must be approached with works that
prevent the crime. Training, rehabilitation programmes are one of the children
rights which parents must implements. Existance of right gets a meaning when
the responsibilities can be realized. This conditions must be thought for the
children. If a student wants to have a lesson in a silent classroom it must
have the responsibilities for its friends to have also lesson in a silent room.
Responsibilities of children which are undertaken are suitable to their level
of improving. Responsibilities that can be undertaken make them more sensitive.
Efforts give hope to ensure the World on which
all children rights will be existance and avaliable. Hoping with realization.
UNDERSTANDING THE
CHILD ON CARTOONS/Doç. Dr. Mesude Atay
Entry
I will
try to share with you cartoons that I use on our training works given to
parents and educators for years also that are very interesting and efficient.
Subjects on cartoons choised;
-Main needs and child
-Game and child
-Social sexsual acts and child
-Comminication between adult and chilld
When I use cartoons in my seminar I see that
audience show to much interest. What I put on the table with cartoons is more
concrete condition. Then samples of cartoon get closer to the audiance, the
best channel that cartoons give us is pushing us to a serious reading when we
watch. Cartoon is not understood without reading when is only looked at. Then
this is the important thing of cartoons.
Understanding the child
As being an educator and defender of child
rights I am under impression of cartoon that belons to Cem Karakaş. On this
cartoon we see the child who is shown as being guilty of every fault and error
on adult World. How much is important of impurity?Because we are the reason of
this impurity. On this cartoon there is achild not completing (or
completing)its toilet education yet and it makes toilet need in this impurity. Punishing
of a child is an indicator of power by an adult. As an adult our power will
educate the children. But this power is
not used to train ourselves. Because we adults know everthing as true. But
the things that adults do not know;
-Speciality of improving of children according
to ages(what can be done or not to be done)
-Establishing comminacition with children
-
-Children are an individual that are improving
and learning
-Children have right of good living from
prenatal.
-Rihgt of children game and toy
-Education rihgt of children in equalty of
opportunity
The main needs of children are an home circuit
that is safety protection.
Children must play for imroving. According to
Contract of Children Rights Article 31 ‘Every child has right to play for its
personality and improving in suitable circuit.’ Otherwise they will face alot
of problems in social life in future time. The best thing is for an adult to
produce and love. But for a child is game and love. Children without playing
game do not shom a good improving. (Linda C. Meyers and Donald Cohen says that)
‘Children are good senarist and they write,administer and choice the personnel
and play.’
If a city life does not meet children needs for
playing there will be a lot of children that face serious problems in the
streets.
Children create play circuit even during natural
disaster and in poverty. How? In balcony, in streets...
Domestic play is an activıty to support children
image and improving of thought. Children play domestic accepting their parents
as a model.
Children love stories. They want yo listen them
many times. But the adults are very keen to watch TV. They say their children
‘watch TV and do not ask question’.
Communication with adult focus blockes skill of
children to solve problems, make analize of situation and create idea. Dialogs
with adult focus secure to receive transmission which are expecting from the
children. But at the meantime we can not miss what is going on the children
World. When we look at the cartoons and laugh we have to know what is meaning
of transmission that is with adult focus. At the other hand these cartoons give
us what is necessary for the children growing.
EDUCATION OF
CHILDREN RIGHTS WITH
CREATIVE DRAMA
METHOD/ Fevziye Dolunay
In our social life children rights are an
important concept. Is also very important to be owned the consciousnees of
children rihgts by children at early ages. Learning the children rights
efficently we can get the children to
have their rights at earliest ages with samples fron their livings. Drama is a
learning period by playing. According to Hug-Hellmut children of game can be
used an observation tool. In addition game is an important information source
for observer. Erikson also points out impression of game over the children. Game
itself is a real activity for child. Game gets the child to take step forward. According
to Işıklı,game is a period for children to br expressed themselves free and
also is a period to define their livings. Then with this information it is seen
that training of children rights with drama method is an effective way. Because
drama is a method that is a main factor for game. Also drama is a method for
child to improve itself by a social way. Human rights only belong to persons
that are human being. That means human being has human rights just on time of
born. Also children rights are valid to age of 18 for every human being. These
rights are the same for all human being without considering
race,colour,sex,religious,politics thought,national and social race. It means
that children rights also are universal.
All works done for training,preventing and
improving for children rights ensure the children to be a conscious individual.
That is job for educators and teachers to improve the understanding about human
and children rigths. It is also important to improve human and children rights
between children and youth by teachers. According to Contract of Children
Rights Article 36 children must be protected against every kind of trouble. Mcdonald
and Jouriles who work about this subject say that 25-70 % of children coming
from families in violance and 10-25 of children coming from social life have
problem of behavior. According to searching in Amerika ‘Violance is an
important changeful and also is a phsical aggression towards the children by
parents. According to children rights it is important for the children to avoid
from illnesses. At this way children must be under guarantee of their family
and the goverment. Family is very important to protect the child health. Lack
of information about methods of health protection occur using wrong medicine in
poor families(Büyükşahin 2003).
Becauce of that
reasons bad illnesses can generate in the early ages. It is important to
get concious about this for children and families.
According to Contract of UN Children
Rights’Goverment has to protect the children from every kind of sexsual
exploitation and negligence and prepare programmes for the children against
this. Children that are under sexual exploitation show an healtless sexual
improving (Z-Page,2004).
Terror and war are events that children are
effected from way of social and spritual. At the events of terror and war
children rights must be protected at first degree. Accordint to Prof. Dr. Bahar
Gökler ‘Societies in which children and youth are in this kind of violence are
being coward,dependent and without identity(2001,s. 62).’
In fact children rights contain rights of
living,protection and improving. These rights are for completion of improving
of child by the way of spritual and physical.
This search has been realized in Etimesgut where
it has been observed that there is no concept of children rights. The project
of same age training and children rights in
-Children are being expected more conscious
about children rights after drama training according to before training.
-Children are being expected to learn how to
protect their rights and respect to rights of others with drama training.
-At the end of this training children are being
expected to have thougth of right,fredoom and respect in their living.
Children Rights and Relation With Drama
Base of drama is interested in the children to
be active and application.
J. J. Rousseau who lived in 17. century has
pointed out ıts importance like that;
‘The important thing for children is not oral
training but it is application and sample.’ According to him the only thing
must be experimentation for it to learn.
Rousseau asks one thing from the youth trainers;
Please do your lessons with applications instead of orally. Because children
forget what is said them quickly but they never forget what they do.
Individuals are not only persons to learn their
rights. They get conscious to use rights as concrete. Rights are not used and
taken advantage are not only value and meaning for individuals. Citizen must be
the persons that know their rights as also use their consciously. Thus states
avoid to tread the human rights under foot (Gülmez 1996).
In handbook of training of human rights
published by Union of Human Rights is pointed out that the training problem of
human rights seems at the children in gammer school and prior to school. This
first period teach the children to be tolerant, playing game, respecting others.
This training puts on good habits more than consciousness. Education and
training about human rights are to be used initiative methods. This method
ensures the children to participate into their training period. Instead of
being passive receivers of educator’s expertness students become avtive
searcher of the World. The best way is experiment to reach understanding of
human rights.
Subjects that the children are expected are
negligence and misuse. The subject at this search is to protect the children
out of negligence abd misuse. It is necessary to teach this subject to the
children. But this subject can be a kind of subject that the children are
afraid of them in their world. At this reason children must be ready to learn
that subject.
CHILD RIGHTS
I. Introduction to Child Rights
“Child Rights” is the building stone of the culture of the human rights and forms the
fundamental guarantee of society’s human rights. Children have so many
additional rights according to UN Child Rights Contract, as well as Human
Rights Universal Declaration and protected by other contracts. According to
those rights, governments are responsible not only from children’s economical,
social and cultural rights; but also obliged to their civil and political
rights. States are not only responsible from preventing violations which their
officials have realized; but also responsible from preventing negligence and
abuse that other individuals in the family or society are applying.
UN Child Rights Contract or the “Magna Carta” of
children which was accepted by UN General Committee in 1989, carries an
international agreement feature which is to say ‘signed by the most countries’
that was signed by nearly every country except
The fundamental comprehension of UN Child Rights
Contract which is made of 54 articles, is based on children’s living in a
better way and materializing themselves completely. Contract’s basic principles
are “child’s living and development”, “child’s protection”, “prevention
of discrimination” and “child’s participation”.
Principle
of Living and Development: Living is the basic right of children and
everyone’s first duty is to protect children’s living. Every child has the
right to benefit from the sources separated in order to improve the situation
that he or she is in and to become a responsible and an active member of the society.
Principle
of Protection: Children have to be protected from any situation that
can be put into any jeopardy of materializing themselves completely and the
best way of living.
Principle
of Discrimination: “Child Rights” without any exceptions is valid for all
children. Child’s physical features, belief, mother tongue, sex and more no
longer have any role. The states that are sides to the contract, without any
discrimination, identify and undertake the rights that are in the contract of
all the children in their dominance domain.
Principle
of Participation: All the children have the right to express his or her
feelings and thoughts however they like. Child’s point of view must be taken
into consideration if it is about themselves. Older people have the
responsibility of learning children’s ideas and listening and showing respect
to them.
International Contracts beginning from the
date that they have been approved have to take part over national laws and
authorities. If there is an article on the contrary in the Contract of Child
Rights of states own laws, the state has to behave on the article according to
the Contract of Child Rights. It is a considerable success through mankind to
make the contract to be approved by almost every country. Yet, the countries
which approved the contract, try to fulfil the commitments which they have
undertaken for the purpose of protecting their own children’s rights.
European Convention on the Exercise of
Children’s Rights
Preamble
The
member States of the Council of Europe and the other States signatory hereto,
Considering
that the aim of the Council of Europe is to achieve greater unity between its
members;
Having
regard to the United Nations Convention on the rights of the child and in
particular Article 4 which requires States Parties to undertake all
appropriate legislative, administrative and other measures for the
implementation of the rights recognised in the said Convention;
Noting
the contents of Recommendation 1121 (1990) of the Parliamentary
Assembly on the rights of the child;
Convinced
that the rights and best interests of children should be promoted and to that
end children should have the opportunity to exercise their rights, in
particular in family proceedings affecting them;
Recognising
that children should be provided with relevant information to enable such
rights and best interests to be promoted and that due weight should be given to
the views of children;
Recognising
the importance of the parental role in protecting and promoting the rights and
best interests of children and considering that, where necessary, States should
also engage in such protection and promotion;
Considering,
however, that in the event of conflict it is desirable for families to try to
reach agreement before bringing the matter before a judicial authority,
Have
agreed as follows:
Chapter I – Scope and object of the Convention
and definitions
Article 1 – Scope and object of the Convention
1 This Convention shall apply to children who
have not reached the age of 18 years.
2 The object of the present Convention is, in
the best interests of children, to promote their rights, to grant them
procedural rights and to facilitate the exercise of these rights by ensuring
that children are, themselves or through other persons or bodies, informed and
allowed to participate in proceedings affecting them before a judicial
authority.
3 For the purposes of this Convention
proceedings before a judicial authority affecting children are family
proceedings, in particular those involving the exercise of parental
responsibilities such as residence and access to children.
4 Every State shall, at the time of signature
or when depositing its instrument of ratification, acceptance, approval or
accession, by a declaration addressed to the Secretary General of the Council
of Europe, specify at least three categories of family cases before a judicial
authority to which this Convention is to apply.
5 Any Party may, by further declaration,
specify additional categories of family cases to which this Convention is to
apply or provide information concerning the application of Article 5,
paragraph 2 of Article 9, paragraph 2 of Article 10 and Article 11.
6 Nothing in this Convention shall prevent
Parties from applying rules more favourable to the promotion and the exercise
of children's rights.
Article 2 – Definitions
For
the purposes of this Convention:
a the term “judicial authority” means a court
or an administrative authority having equivalent powers;
b the term “holders of parental
responsibilities” means parents and other persons or bodies entitled to
exercise some or all parental responsibilities;
c the term “representative” means a person,
such as a lawyer, or a body appointed to act before a judicial authority on
behalf of a child;
d the term “relevant information” means
information which is appropriate to the age and understanding of the child, and
which will be given to enable the child to exercise his or her rights fully
unless the provision of such information were contrary to the welfare of the
child.
Chapter II – Procedural measures to promote the
exercise of children's rights
A. Procedural
rights of a child
Article 3 – Right to be informed and to
express his or her views in proceedings
A
child considered by internal law as having sufficient understanding, in the
case of proceedings before a judicial authority affecting him or her, shall be
granted, and shall be entitled to request, the following rights:
a to receive all relevant information;
b to be consulted and express his or her
views;
c to be informed of the possible consequences
of compliance with these views and the possible consequences of any decision.
Article 4 – Right to apply for the
appointment of a special representative
1 Subject to Article 9, the child shall
have the right to apply, in person or through other persons or bodies, for a
special representative in proceedings before a judicial authority affecting the
child where internal law precludes the holders of parental responsibilities
from representing the child as a result of a conflict of interest with the
latter.
2 States are free to limit the right in
paragraph 1 to children who are considered by internal law to have
sufficient understanding.
Article 5 – Other possible procedural
rights
Parties
shall consider granting children additional procedural rights in relation to
proceedings before a judicial authority affecting them, in particular:
a the right to apply to be assisted by an
appropriate person of their choice in order to help them express their views,
b the right to apply themselves, or through
other persons or bodies, for the appointment of a separate representative, in
appropriate cases a lawyer,
c the right to appoint their own representative,
d the right to exercise some or all of the
rights of parties to such proceedings.
B. Role
of judicial authorities
Article 6 – Decision-making process
In
proceedings affecting a child, the judicial authority, before taking a
decision, shall:
a consider whether it has sufficient
information at its disposal in order to take a decision in the best interests
of the child and, where necessary, it shall obtain further information, in
particular from the holders of parental responsibilities;
b in a case where the child is considered by
internal law as having sufficient understanding:
– ensure that the child has received all
relevant information;
– consult the child in person in appropriate
cases, if necessary privately, itself or through other persons or bodies, in a
manner appropriate to his or her understanding, unless this would be manifestly
contrary to the best interests of the child;
– allow the child to express his or her
views;
c give due weight to the views expressed by
the child.
Article 7 – Duty to act speedily
In
proceedings affecting a child the judicial authority shall act speedily to
avoid any unnecessary delay and procedures shall be available to ensure that
its decisions are rapidly enforced. In urgent cases the judicial authority
shall have the power, where appropriate, to take decisions which are
immediately enforceable.
Article 8 – Acting on own motion
In
proceedings affecting a child the judicial authority shall have the power to
act on its own motion in cases determined by internal law where the welfare of
a child is in serious danger.
Article 9 – Appointment of a representative
1 In proceedings affecting a child where, by
internal law, the holders of parental responsibilities are precluded from
representing the child as a result of a conflict of interest between them and
the child, the judicial authority shall have the power to appoint a special
representative for the child in those proceedings.
2 Parties shall consider providing that, in
proceedings affecting a child, the judicial authority shall have the power to
appoint a separate representative, in appropriate cases a lawyer, to represent
the child.
C. Role
of representatives
Article 10
1 In the case of proceedings before a judicial
authority affecting a child the representative shall, unless this would be
manifestly contrary to the best interests of the child:
a provide all relevant information to the
child, if the child is considered by internal law as having sufficient
understanding;
b provide explanations to the child if the
child is considered by internal law as having sufficient understanding,
concerning the possible consequences of compliance with his or her views and
the possible consequences of any action by the representative;
c determine the views of the child and present
these views to the judicial authority.
2 Parties shall consider extending the
provisions of paragraph 1 to the holders of parental responsibilities.
D. Extension
of certain provisions
Article 11
Parties
shall consider extending the provisions of Articles 3, 4 and 9 to
proceedings affecting children before other bodies and to matters affecting
children which are not the subject of proceedings.
E. National
bodies
Article 12
1 Parties shall encourage, through bodies
which perform, inter alia, the functions
set out in paragraph 2, the promotion and the exercise of children's rights.
2 The functions are as follows:
a to make proposals to strengthen the law
relating to the exercise of children's rights;
b to give opinions concerning draft
legislation relating to the exercise of children's rights;
c to provide general information concerning
the exercise of children's rights to the media, the public and persons and
bodies dealing with questions relating to children;
d to seek the views of children and provide
them with relevant information.
F. Other
matters
Article 13 – Mediation or other processes
to resolve disputes
In
order to prevent or resolve disputes or to avoid proceedings before a judicial
authority affecting children, Parties shall encourage the provision of
mediation or other processes to resolve disputes and the use of such processes
to reach agreement in appropriate cases to be determined by Parties.
Article 14 – Legal aid and advice
Where
internal law provides for legal aid or advice for the representation of
children in proceedings before a judicial authority affecting them, such
provisions shall apply in relation to the matters covered by Articles 4
and 9.
Article 15 – Relations with other
international instruments
This
Convention shall not restrict the application of any other international
instrument which deals with specific issues arising in the context of the
protection of children and families, and to which a Party to this Convention
is, or becomes, a Party.
Chapter III – Standing Committee
Article 16 – Establishment and functions of
the Standing Committee
1 A Standing Committee is set up for the
purposes of this Convention.
2 The Standing Committee shall keep under
review problems relating to this Convention. It may, in particular:
a consider any relevant questions concerning
the interpretation or implementation of the Convention. The Standing
Committee's conclusions concerning the implementation of the Convention may
take the form of a recommendation; recommendations shall be adopted by a
three-quarters majority of the votes cast;
b propose amendments to the Convention and
examine those proposed in accordance with Article 20;
c provide advice and assistance to the
national bodies having the functions under paragraph 2 of Article 12
and promote international co-operation between them.
Article 17 – Composition
1 Each Party may be represented on the
Standing Committee by one or more delegates. Each Party shall have one vote.
2 Any State referred to in Article 21,
which is not a Party to this Convention, may be represented in the Standing
Committee by an observer. The same applies to any other State or to the
European Community after having been invited to accede to the Convention in
accordance with the provisions of Article 22.
3 Unless a Party has informed the Secretary
General of its objection, at least one month before the meeting, the Standing
Committee may invite the following to attend as observers at all its meetings
or at one meeting or part of a meeting:
– any
State not referred to in paragraph 2 above;
– the
United Nations Committee on the Rights of the Child;
– the
European Community;
– any
international governmental body;
– any
international non-governmental body with one or more functions mentioned under
paragraph 2 of Article 12;
– any
national governmental or non‑governmental body with one or more functions
mentioned under paragraph 2 of Article 12.
4 The Standing Committee may exchange
information with relevant organisations dealing with the exercise of children's
rights.
Article 18 – Meetings
1 At the end of the third year following the
date of entry into force of this Convention and, on his or her own initiative,
at any time after this date, the Secretary General of the Council of Europe
shall invite the Standing Committee to meet.
2 Decisions may only be taken in the Standing
Committee if at least one-half of the Parties are present.
3 Subject to Articles 16 and 20 the decisions
of the Standing Committee shall be taken by a majority of the members present.
4 Subject to the provisions of this Convention
the Standing Committee shall draw up its own rules of procedure and the rules
of procedure of any working party it may set up to carry out all appropriate
tasks under the Convention.
Article 19 – Reports of the Standing
Committee
After
each meeting, the Standing Committee shall forward to the Parties and the
Committee of Ministers of the Council of Europe a report on its discussions and
any decisions taken.
Chapter IV – Amendments to the Convention
Article 20
1 Any amendment to the articles of this
Convention proposed by a Party or the Standing Committee shall be communicated
to the Secretary General of the Council of Europe and forwarded by him or her,
at least two months before the next meeting of the Standing Committee, to the
member States of the Council of Europe, any signatory, any Party, any State
invited to sign this Convention in accordance with the provisions of
Article 21 and any State or the European Community invited to accede to it
in accordance with the provisions of Article 22.
2 Any amendment proposed in accordance with
the provisions of the preceding paragraph shall be examined by the Standing
Committee which shall submit the text adopted by a three-quarters majority of
the votes cast to the Committee of Ministers for approval. After its approval,
this text shall be forwarded to the Parties for acceptance.
3 Any amendment shall enter into force on the
first day of the month following the expiration of a period of one month after
the date on which all Parties have informed the Secretary General that they
have accepted it.
Chapter V – Final clauses
Article 21 – Signature, ratification and
entry into force
1 This Convention shall be open for signature
by the member States of the Council of Europe and the
2 This Convention is subject to ratification,
acceptance or approval. Instruments of ratification, acceptance or 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 expiration of a period of three months
after the date on which three States, including at least two member States of
the Council of Europe, have expressed their consent to be bound by the
Convention in accordance with the provisions of the preceding paragraph.
4 In respect of any signatory which
subsequently expresses its consent to be bound by it, the Convention shall
enter into force on the first day of the month following the expiration of a
period of three months after the date of the deposit of its instrument of
ratification, acceptance or approval.
Article 22 – Non‑member States and
the European Community
1 After the entry into force of this
Convention, the Committee of Ministers of the Council of Europe may, on its own
initiative or following a proposal from the Standing Committee and after
consultation of the Parties, invite any non-member State of the Council of
Europe, which has not participated in the elaboration of the Convention, as
well as the European Community to accede to this Convention by a decision taken
by the majority provided for in Article 20, sub-paragraph d of the
Statute of the Council of Europe, and by the unanimous vote of the representatives
of the contracting States entitled to sit on the Committee of Ministers.
2 In respect of any acceding State or the
European Community, the Convention shall enter into force on the first day of
the month following the expiration of a period of three months after the date
of deposit of the instrument of accession with the Secretary General of the
Council of Europe.
Article 23 – Territorial application
1 Any State may, at the time of signature or
when depositing its instrument of ratification, acceptance, approval or
accession, specify the territory or territories to which this Convention shall
apply.
2 Any Party may, at any later date, by a
declaration addressed to the Secretary General of the Council of Europe, extend
the application of this Convention to any other territory specified in the
declaration and for whose international relations it is responsible or on whose
behalf it is authorised to give undertakings. In respect of such territory the
Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date of receipt of such
declaration by the Secretary General.
3 Any declaration made under the two preceding
paragraphs may, in respect of any territory specified in such declaration, be
withdrawn by a notification addressed to the Secretary General. The withdrawal
shall become effective on the first day of the month following the expiration
of a period of three months after the date of receipt of such notification by
the Secretary General.
Article 24 – Reservations
No
reservation may be made to the Convention.
Article 25 – Denunciation
1 Any Party may at any time denounce this
Convention by means of a notification addressed to the Secretary General of the
Council of Europe.
2 Such denunciation shall become effective on
the first day of the month following the expiration of a period of three months
after the date of receipt of notification by the Secretary General.
Article 26 – Notifications
The
Secretary General of the Council of Europe shall notify the member States of
the Council, any signatory, any Party and any other State or the European
Community which has been invited to accede to this Convention of:
a any signature;
b the deposit of any instrument of
ratification, acceptance, approval or accession;
c any date of entry into force of this
Convention in accordance with Articles 21 or 22;
d any amendment adopted in accordance with
Article 20 and the date on which such an amendment enters into force;
e any declaration made under the provisions of
Articles 1 and 23;
f any denunciation made in pursuance of the
provisions of Article 25;
g any other act, notification or communication
relating to this Convention.
In
witness whereof, the undersigned, being duly authorised thereto, have signed this
Convention.
Done
at
II. State of
Fourteen years ago, the
The Convention’s detailed principles and
standards are binding on states which have ratified it. The
The Committee on the Rights of the Child will
next examine the UK in January 2009; the UK Government’s next periodic report
on implementation of the Convention on the Rights of the Child is due to be
submitted to the Committee in July 2007.
This year, children got a new Children's
Minister, and their first ever Commissioner. We very much welcome Professor Al
Aynsley-Green's appointment as
This was the year that
Every Child Matters started to take hold of the country, with high hopes that
services would now be cast in the image of children, truly fitted around their
needs and wishes. The Government's commitment to reform children's services is
unequivocal; its focus on change for children impressive. Teenagers finally got
their Green Paper, with promises of things to do and people to listen. The
welcome emphasis on involving young people in decision-making was, however,
tarnished by the threat of removing "opportunity cards" from those
that misbehave – precisely the group we most want to steer into the
constructive activities offered by these cards.
This was the year that 16
year-old Gareth Price was found hanging in his segregation cell at
Eight months later, in
September 2005, 17 year-old Sam Elphick was found hanging in his cell at
Hindley YOI. The Government continued to refuse a public inquiry into the death
at Stoke Heath YOI,in March 2002, of 16 year-old Joseph Scholes. Disturbing
evidence about the treatment and care of Joseph came out at his inquest: the
coroner said a public inquiry should be held to consider matters outside his
remit. There has never been a public inquiry into any of the child deaths in
penal custody – 29 since 1990.
This was the year that
children in privately run "purpose-built" prisons tried to harm
themselves 456 times; where staff used painful restraint techniques – the
Prison Service's nose, rib and thumb distractions – 768 times on children. The
Home Office claims it is used rarely. These figures – obtained by CRAE under
the Freedom of Information Act 2000 – show that, for the past year, nose, rib
and thumb distractions were, on average, used four times in every establishment
every week. Custody is often seen as children's last chance for a decent
education: over a third of children in young offender institutions have the literacy
and numeracy ability of a seven year-old. Yet last year 15 to 17 year-olds in
young offender institutions got, on average, eight hours education per week.
These growing boys enjoyed only half an hour's exercise a day.
This was the year where
naming and shaming escalated, spurred on by a change in the law that requires
children's privacy rights to be discarded so the public know "something is
being done". Children's privacy rights had hitherto been partially
protected for 70 years. There were more reports of children with autism,
Asperger Syndrome and behavioural difficulties being issued with ASBOs: there
is no way of checking exactnumbers because the Government does not collate
information on the background or circumstances of children issued with these
orders. Home Office figures show children are issued with 44% of ASBOs yet they
make up less than a quarter of the population. This was the year that children
with ASBOs started to ring ChildLine.
The Youth Justice Board
reported that 328 children between January and June 2005 were sent to custody
for offences involving an ASBO breach. Children breaching civil orders being
sent to environments that are known to be corrupting and dangerous. In November
last year, the UN Committee against Torture criticised
This year, more disability
equality legislation was passed, and there have been strong reassurances that
the new Commission for Equality and Human Rights will work with and for
children. Welcome progress but not indicative of a broader commitment to
equality for children. The law has been "modernised" so parents can
legally hit babies and children so long as they do not cause an injury. The day
after the Commons voted in the law, The Times and Sun newspapers carried
illustrations with legal advice for readers on how babies and children can and
cannot be hit.
Last year, 70 children were
killed, most of them by someone they knew; 27 of them babies less than a year
old. Yet still we wait for a national strategy on reducing child deaths and
child abuse, as recommended by the UN Committee on the Rights of the Child in
2002.
This was the year when a 14
year-old boy from
Last year 9,880 children
were permanently excluded from school – 1,270 of them aged 11 and under.
Permanent exclusions were highest for Traveller children of Irish heritage (
boy could stay in the
country and get a good education. It is understood the father killed himself in
front of the boy. The Home Office now says the boy can stay in the
Without this, the
It is three years since the
UN Committee on the Rights of the Child issued its second set of
recommendations on the
Human rights are not just
for children in distant countries; they are for children here in this country
too – the children we live with, that go to school at the bottom of the road,
that share our neighbourhoods, and the children that cause trouble and hurt
people. If the Convention on the Rights of the Child had a strap line it would
be 'respect for children'.
The Government’s agenda
should be bringing a new respect to children as people and rights holders, not
giving the press and public another stick to beat them with.
Children's rights in numbers
Child homicides
2003/04.....................................................................70
Child homicides, of which baby homicides
2003/04.................................... 27
Child deaths in penal custody since April
2004........................................... 4
Child deaths in penal custody since 1990 .........................................………..29
Painful restraints in private child prisons in
past year ............................... 768
Average weekly education in Prison custody,
15-17 year-olds.................. 8 hours
Child pedestrian and cycling deaths,
2004....................................... ……….106
Life expectancy of girl, Kensington and
Chelsea............................... 85.8 years
Life expectancy of boy,
Children in poverty 2003/04.....................................................
3.5 million
Permanent exclusions from school 2003/04
......................................... 9,880
Primary children permanently excluded
2003/04................................... 1,270
Proportion of excluded children with
SEN.............................................. 63%
Proportion of ASBOs issued to
children.................................................. 44%
Youngest child to get an ASBO .....................................................
10 years
Breach of ASBO – children locked up this
year......................................... 328
Asylum-seeking children detained each
year......................................... 2,000
Asylum-seeking children denied state support
this year.............................. 216
Proportion of children gaining average GCSEs
...................................... 56.5%
Proportion of children in care gaining average
GCSEs.................................. 6%
Government Minister with
III. Organization
About Children and Children Rights in
4Children / www.4children.org.uk
A National Voice /www.anationalvoice.org
Action for Prisoners' Families / www.prisonersfamilies.org.uk
Action for Sick Children / www.actionforsickchildren.org
Action on Rights for Children in Education /www.arch-ed.org
Adolescent Children's Trust/ www.tact-fostercare.org.uk
Alliance For Inclusive Education/ www.allfie.org.uk
Article 12 / www.article12.org
Ashiana
Project/ www.ashiana.org.uk
Association of Lawyers for Children/ www.alc.org.uk
ATD
Centre for Studies in Inclusive Education/ www.
inclusion.uwe.ac.uk
Child Accident Prevention Trust/ www.capt.org.uk
Child Povery Action Group/ www.cpag.org.uk
Childline/ www.childline.org.uk
Children & Neighbourhoods in
Children North East/ www.children-ne.org
Children's Legal Centre/ www.childrenslegalcentre.com
Children's Links/ www.childrenslinks.org.uk
Children's Play Council/ www.ncb.org.uk/cpc
Children's Rights Officers & Advocates/ www.croa.org.uk
Citizenship Foundation/ www.citizenshipfoundation.org.uk
Council for Disabled Children/ www.ncb.org.uk
Everychild/ www.everychild.org.uk
Family Rights Group/ www.frg.org.uk
MENCAP/ www.mencap.org.uk
Milton Keynes Children & Young People's
Rights Service/ www.mkweb.co.uk
Parenting Education & Support Forum/ www.parenting-forum.org.uk
Parents for Inclusion/ www.parentsforinclusion.org
Refugee Council/ www.refugeecouncil.org.uk
UNICEF
IV. Organization
About Children and Children Rights in
Ankara
Üniversitesi DTCF Çocuk İşçiliğiyle Mücadele Gönüllüleri Topluluğu/ Tel: 0
532-2706016 / 3
Çocuk
Gelişimciler Derneği/ Tel: 0-312-305 15 90
Çocuk
Hakları İçin Yurttaş Hareketi/ www.0-18.org
Çocuk
İstismarını ve İhmalini Önleme Derneği/ Tel: 0-312-419 36 07
Çocuğu
İstismardan Koruma ve Rehabilitasyon Derneği/ Tel: 0-216-348 05 24
Çocuk
Vakfı/ www.cocukvakfi.org
Fişek
Enstitüsü Çalışan Çocuklar Bilim ve Eylem Merkezi Vakfı/ www.fisek.org
Gündem
Çocuk: Çocuk Haklarını Tanıtma, Yaygınlaştırma, Uygulama ve Uygulamaları İzleme
Derneği/ www.gundemcocuk.org
Lösemili
Çocuklar Vakfı LÖSEV/ www.losev.org
Otistik
Çocukları Koruma Derneği/ Tel: 0-216-338 82 90
Özgürlüğünden
Yoksun Gençlerle Dayanışma Derneği ÖZGEDER/ www.ozgeder.org
Sokak
Çocuklarını Koruma Derneği SOKAKDER/ Tel: 0-312-362 58 28
Sokak
Çocukları Rehabilitasyon Derneği/ Tel: 0-216-347 66 57
SP'li
Çocuklar Derneği/ www.spdernegi.com
Türkiye Çocuk Hakları Koalisyonu/ www.cocukhaklarikoalisyonu.org
Türkiye
Çocuklara Yeniden Özgürlük Vakfı / www.tcyov.org
Türkiye
Spastik Çocuklar Vakfı/ Tel: 0-216-326 68 49
Tüvana
Okuma İstekli Çocuk Eğitim Vakfı TOÇEV/ Tel: 0-212-282 89 16
Umut
Çocukları Derneği/ www.umutcocuklari.org.tr
Uluslararası Af Örgütü Türkiye Şubesi/ www.amnesty.org.tr
Uluslararası
Çocuk Merkezi/ www.icc.org