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children first
Towards Good Governance, Justice and Protection for Children in Turkey
                                           Periodic Report, issue: 01/06




 in this issue …            • putting children first
                            • children’s thoughts
                            • a very big team
                            • my family … our future
                            • working together
Improving child care and protection in Turkey              March 2006
putting
                                            children first
                                            Impoverishment, exploitative labour, sexual abuse, harassment and
                                            exploitation are unfortunately typical gross child rights violations that
                                            millions of children face every day around the world. The Convention on the
                                            Rights of the Child (CRC) was devised to protect children from such violations
                                            by ensuring that every action societies and families take on behalf of children
                                            is first and foremost in their best interests.

                                            Commitment to the CRC obliges signatory states to ensure that policy,
                                            legislation and services for children reflect the principles of the Convention
                                            and contribute to the creation of a protective environment that will ensure
                                            the healthy growth and development of every child. As the official title
                                            Towards Good Governance, Protection and Justice for Children in Turkey
Upgrading of the Juvenile                   demonstrates, Children First aims to help Turkey build a protective
Justice System involved a                   environment for her children. The seed of Children First was planted in
     rehabilitation– based                  Turkey when the Government commenced harmonisation with international
   response to children in                  standards through the Upgrading of the Juvenile Justice System project with
 contact with the law that                  the support of the European Commission.
 both respects their rights
  and offers solutions that                 The Upgrading of the Juvenile Justice System project contributed to changes
 would help prevent them                    for children that were reflected in a new child protection law in 2005 — an
               reoffending                  important year for legislation on children in contact with the law in Turkey.
                                            The new code, along with amendments to the penal law, raised the minimum
                                            age of criminal responsibility from eleven years to twelve and significantly
                                            accelerated the judicial process for juveniles.

                                            Other important developments under the new legislation include:


                                            •   specialised treatment for children in contact with the law;


                                            •   numbers of courts specialised in handling cases involving children have
                                                been increased;


                                            •   the introduction of an alternative sanction allowing probation for children
                                                in place of detention;


                                            •   increased presence of social workers during the judicial process.

                                            The project also increased the capacities of all ministries and agencies
                                            concerned with the judicial process to protect children from abuse,
                                            exploitation, neglect and violence. The project involved the Ministry of Justice,
                                            the Social Services and Child Protection Agency (SHÇEK), the Ministry of
                                            Interior, the Bar Association and the Youth Re–autonomy Foundation.

                                            Activities under the mantle of the project enhanced the capacities of members
                                            of the Child Rights Commissions in fifty–two Provincial Bar Associations,
                                            roughly four hundred personnel in Ministry of Justice institutions, two hundred
                                            and fifty specialists in forensic medicine, forty probation officers and increased
                                            the awareness of parliamentarians on issues related to juvenile justice.

                                            More legal assistance was provided to child victims of abuse and violence and
                                            also to children in contact with the law. Child Rights Commissions in fifty–two



2                             Children First: Towards Good Governance, Justice and Protection for Children in Turkey
Building upon progress
of the Provincial Bar Associations now provide legal aid to children who are             made in upgrading the
victims of crime and who are otherwise in contact with the law. In general, the          Juvenile Justice System,
outreach capacity of the Child Rights Commissions was increased by 90 per                Children First will focus
cent. Regarding incidence of children in contact with the law since 2002:                on prevention by working
                                                                                         to reintegrate children
•   67 per cent fewer children have been deprived of their liberty;                      with their families


•   80 per cent fewer children are serving sentences in reformatories.

Public awareness of the right of disadvantaged children to be protected from
violence, abuse, neglect and exploitation — one of the cornerstones of
Children First — has become more widespread and the media have begun to
treat the issue with more sensitivity.

Work with the Child Rights Commissions surpassed the expected results.
Apart from supplying legal services to disadvantaged children, the
Commissions have adopted a much stronger role in monitoring respect for
children’s rights and they are currently in the process of establishing
independent monitoring units across Turkey that will be composed of
inter–sectoral groups of child protection experts.

The current climate of political stability, economic growth and social and
institutional change has created an unprecedented opportunity to fulfil the
promise of projects such as Upgrading the Juvenile Justice System in Turkey
and the Say Yes for Children campaign. Their success led to the Secretariat
General for EU Affairs (SGEU), the European Commission Delegation (ECD)
and the Government of Turkey initiating the Towards Good Governance,
Justice and Protection for Children in Turkey project or Children First which
the Government will implement with technical support from UNICEF.
Throughout the development of the project, both the Secretariat and the ECD
provided full support, guidance and commitment to the promotion and
protection of children’s rights.

It is hoped that through Children First, Turkey will see a continuation of the
work to improve juvenile justice and a change in child care and protection
that should set the country firmly on the way to protecting and promoting
the rights of boys and girls and bring the country closer to the standards of
the CRC and the EU.



Children First: Towards Good Governance, Justice and Protection for Children in Turkey                           3
children’s
                                           thoughts
                                           The official title of the project, Towards Good Governance, Justice and
                                           Protection for Children in Turkey, is clear in its meaning but it is difficult to
                                           remember easily and it was felt that something shorter was needed in order
                                           to attract popular attention. Everyone involved, from the project partners
                                                    through to the general public and children themselves were
                                                         consulted on the development of a short title and logo. SHÇEK,
                                                             with the support of UNICEF, showed some ideas to
                                                               participants at the Sixth Children’s Forum in November and
                                                                asked the children for their first impressions at this
Eflref: “It’s nice to see                                          important step in the development of the project identity.
        a family in the
               picture”                                         “It seems to me,” said twelve–year–old Eflref from
                                                                Yalova, “that adults only ask our opinion, as children, at
                                                                events like this. It’s nice to see a family in the picture —
                                                               we need a good example of how they should behave with
                                                              their children. Families should support their children.”

                                                           Twelve–year–old Merve from I¤d›r said: “Adults need to listen
                                                        to what children are saying. They shouldn’t ignore us just
                                                   because we’re young. That’s why I like the
                                           picture of the little girl on her daddy’s shoulders
                                           — she looks as though she’s saying
                                           something and the rest of the family are
                                           not just listening to her — they’re paying
                                           attention!”

                                           Twelve–year–old fierife liked the idea
                                           of seeing a family as well: “it’s all
                                           about respecting our rights as children
                                           isn’t it? And I think that the most
                                           important rights are health and
                                           education. After that I think that children
                                           need to be protected from violence and
                                                     war. I reckon that the Government
                                                         can do a lot to protect us from these
                                                             things but I suppose the best place to
                                                               start protecting children is within the family.

fierife: “I like the one                                         “I like the one with the roof over their heads — isn’t that
with a roof over their                                          where a family belongs?”
               heads”
                                                                Eleven–year–old Emine from Bitlis, twelve–year–old Ak›n
                                                                from Mufl and fourteen–year–old Gurbet from fi›rnak
                                                               preferred an image with more movement: “Like
                                                              something is happening and there’s something to be
                                                             excited about. Also the colours should be bright and strong.”
              Centre page:
       Emine, Zeynep and
      Gurbet: “More action
    shows something to be
            excited about”



4                            Children First: Towards Good Governance, Justice and Protection for Children in Turkey
Thirteen–year–old Cengiz
                                                      from Samsun
                                                      suggested an
                                                      umbrella over
                                                      the family
                                                    might suit,
Cengiz: “An umbrella            rather than a roof: “I’ve been                                 Özge: “Maybe the
means shelter — you can         living in an institution since I                                family could be
take it anywhere”               was two and I worry about                                       closer together
                                what will happen when I’m too                                   then we could
old to stay there — will I be living on the street when I’m                                    make them
eighteen? That’s why I like the idea of an umbrella — like the                                 bigger”
roof it means shelter but you can take it anywhere with you.”

Fifteen–year–old Özge from Bursa wanted to see something a
little bolder: “the figures are a bit hard to make out. This will be
                           quite small sometimes, won’t it? So it might
                                 work better if we can bring the family closer
                                     together. Then we could make them bigger
                                       and easier to see if they’re on a badge or
                                         something.”

                                         Thirteen–year–old Ömer from Mardin
                                         said: “The important thing is that
                                         people get the message about child
                                         protection when they see this.”

                                       “Maybe we should have meetings like
                                      this more often where we can be heard
                                    — not just in Turkey but everywhere in the
                                  world.”




                                                                                         Ömer: “The important
                                                                                         thing is that people
                                                                                         remember the message
                                                                                         about child protection”




Children First: Towards Good Governance, Justice and Protection for Children in Turkey                             5
... a very
                                             big team
                                             The Government of Turkey’s new child protection project, begun in August
                                             2005, was officially launched on the 20th January 2006 at the Hilton Hotel in
                                             Ankara. Towards Good Governance, Justice and Protection for Children in
                                             Turkey or Children First, as it is known by its shorter title, will see the
                                             beginning of a change in child care and protection in Turkey where the rights
    Ambassador Hansjörg                      of all boys and girls — especially the most disadvantaged — will be upheld.
              Kretschmer,
    European Commission                      Children First is a broad ranging, multi–sectoral project involving the
      Delegation to Turkey                   Government, the European Commission, the United Nations Children’s Fund
                                             (UNICEF), various NGOs, children and parents.

                                             The unprecedented scope of partners in Children First was reflected by the
                                             attendance of Abdülkadir Aksu, Minister of Interior; State Minister Nimet
                                             Çubukçu; Ambassador Hansjörg Kretschmer, Head of the European
                                             Commission Delegation to Turkey; Edmond McLoughney, UNICEF
                                             Representative in Turkey; Professor Nejat Birinci, Undersecretary of MONE;
                                             ‹smail Bar›fl, General Director of SHÇEK and Judge Ekrem Bak›r, Deputy
                                             General Director of Prisons, Reformatories and Detention Centres — all of
                                             whom delivered keynote speeches introducing the project. The launch was
                                             also attended by Head of the Turkish Bar Association, Özdemir Özok as well
                                             as various government agencies, NGOs and academics.

                                             Minister of Interior, Abdülkadir Aksu welcomed the inception of Children
                                             First, saying that “it is the responsibility of both the state and its various
                                             ministries working closely together with NGOs and other concerned
                                             agencies, and of course the families themselves to protect all children and to
                                             ensure that they have access to education, good health care, nourishment
                                             and a protective environment.”
         Abdülkadir Aksu,
        Minister of Interior
                                             In the words of State Minister Nimet Çubukçu, “We are a very very big team,
                                             working together for a common cause — the best of all causes — a better
                                             future for children and their families everywhere in Turkey which is without a
                                             doubt the best possible future for Turkey herself.”

                                             Commenting from the perspective of the European Union’s core values of
                                             human rights, democracy and the rule of law, Hansjörg Kretschmer
                                             expressed his hope that Children First: “would help bring legislation in
                                             Turkey closer to EU policy on child care and protection and the standards of
                                             the Convention on the Rights of the Child (CRC)”. Mr Kretschmer stressed
                                             that “respect for children’s rights means protection from abuse and
                                             exploitation everywhere”.

                                             Speaking on UNICEF’s technical involvement in Children First, Edmond
                                             McLoughney said that the project would “increase opportunities for children
                                             everywhere in Turkey by improving policies and programmes, improving
                                             systems of care and protection and addressing issues of abuse and neglect
                                             which no child should experience”. McLoughney highlighted the project’s
                                             focus on reducing disparity both within the family and the country as a
    Edmond McLoughney,                       whole, saying that: “every individual in Turkey should have the opportunity
    UNICEF Representative                    to be healthy, well nourished, well educated, protected, living in a nurturing
                in Turkey                    family environment and able to participate in community and family life”.



6                              Children First: Towards Good Governance, Justice and Protection for Children in Turkey
On behalf of MONE, Professor Nejat Birinci underlined the educational focus              State Minister Nimet
of Children First, noting that “education is the first step towards developing           Çubukçu, UNICEF Child
our gifts and talents as individuals” and proceeded to stress that “our role as          Protection Officer, Bürge
parents is essential to our children’s future happiness and productivity and             Hayran and Programme
that we should imbue them with the love for knowledge that only the                      Coordinator, Lila Pieters
example of our patient understanding and faith in their ability as individuals
can achieve.”

Speaking of the objective of Children First to reduce institutionalisation of
children without parental care, General Director of SHÇEK, ‹smail Bar›fl made
the point that: “We are including every child in Turkey with Children First —
whether they are living with their families, in institutions or on the streets of
our towns and cities — and we aim to protect them from violence and abuse
both on the street and wherever they may live and also to prepare them
physically and psychologically for a better future.

“Children First is a real first for Turkey and her children.”

Speaking for the justice system, Judge Ekrem Bak›r observed that “the judicial
system can only benefit by a comprehensive understanding of those it judges
and that we should relish the prospect of a judiciary that is better equipped
with the necessary tools to respect the child’s lack of maturity when he or she
comes into contact with the law and to make allowances as such.”

In a vehement speech advocating for a more rounded understanding of                      ‹smail Bar›fl, General
children’s rights, Judge Bak›r pointed to the fact that “only by                         Director of the Social
protecting the child’s rights as an individual from birth can                            Services and Child
society effectively reduce the likelihood that the child will not                        Protection Agency
come into contact with the law and take practical steps to
avoid the possibility.”

Pop star Do¤ufl, an ardent advocate of children’s
issues especially children living and/or working on the
street, said that: “I believe that any issue concerning
any child is important and I am here to support this
endeavour to the very end. Today marks an important
start for children in Turkey. I’m deeply moved by the
participation of the various ministries and agencies
such as UNICEF in this event and I hope that we can
make just as good a finish in the end and make a real
difference for children in Turkey — whatever their situation,
whether they be rich or poor.”



Children First: Towards Good Governance, Justice and Protection for Children in Turkey                               7
my family
                                             ... our future
                                             A crucial element of the Children First project strategy is to develop a
                                             comprehensive range of child–sensitive models for services related to children
                                             and one approach to achieving this focuses on the family unit itself. The
                                             Family and Child Training (FACT) Programme has been re–configured as My
                                             Family–FACT with the aim of reaching a third of parents and care–givers,
                                             especially in poor urban and remote rural areas, and training them in positive
                                             child–rearing practices.

                                             During one of the first Master Training sessions in Mersin at the end of
  Safiye fiahin: “Educating                   October, a group of FACT trainers from various project provinces were
 children within the family                  provided with extra training and teaching material aimed at improving
helps reduce many typical                    education for families with children under six years of age.
        conflict situations”
                                             Safiye fiahin, Teacher, Sar›yer Public Education Centre, ‹stanbul
                                             “We had training in family education before but this has been a shorter,
                                             more compact and topical exercise. Previously the focus was primarily on the
                                             mother but now the role of father is also taken into account since we have
                                             found that it is much better to look at the family as a unit. Educating children
                                             within the family helps reduce many typical conflict situations. The mother’s
                                             traditionally protective role towards the children can sometimes create an
                                             odd kind of tension within the family where the father is alienated but this
                                             method unites all of the family members in mutual understanding.”

                                             Zahide Gözüayd›n,
                                             Teacher, Mersin Public
                                             Education Centre
                                             “This new training is
                                             especially useful for
                                             low–income and
                                             disadvantaged families but it
                                             can be easily applied to any
                                             family regardless of
                                             background or income.
                                             Although most parents
                                             attending our public
                                             education centre are
   fiermin Aksakal Vilday:                    mothers, we are very keen to
    “Parents will be better                  encourage the involvement
able to appreciate the fine                  of fathers. That way it would
 details and needs of their                  be much easier to balance
   child from one stage of                   parental awareness of the
 development to another”                     protective environment
                                             between both parents.

                                             “The mother’s position within
                                             the family also becomes stronger as her lines of    Zahide Gözüayd›n:
                                             communication with her husband are                  “Although most parents
                                             strengthened. The parents are better able to        attending our courses are
                                             provide support for each other and of course        mothers, we are very
                                             the children can only benefit from their enriched   keen to encourage the
                                             relationship at the same time.”                     involvement of fathers”



8                              Children First: Towards Good Governance, Justice and Protection for Children in Turkey
fiermin Aksakal Vilday, Teacher, FACT Trainer
“The goal is for parents to be better able to appreciate the fine details and
needs of their child from one stage of development to another. When parents
realise the differences in these stages, they can take the necessary steps to
meet the child’s needs. Parents feel generally stronger, more competent and
rather less helpless and confused because they know what to do when it
comes to improving a child’s health, nutrition and development.

“Individuals who know how better to look after their personal needs and the
needs of those closest to them contribute to a stronger, more stable and
understanding community structure. When parents are able to moderate
their behaviour for the sake of their children, there is a ripple effect
throughout their community and society at large.”

Ümmühan Acar, Teacher, Alanya Public Education Centre
“This training is very important because it is aimed at parents of children
under six years of age — a very sensitive stage of their development in every
respect. I plan to go from house to house, letting parents know what the
training is about and that it is available for them to take part at their local
public education centre. Already we have a number of regular attendees at
our centre and I’m hoping that we can reach a greater number of families                 Ümmühan Acar: “This is
through these people — by word of mouth, so to speak.”                                   a great way to show
                                                                                         parents how they can
Nihayet Uçlu, Teacher, Antalya Public Education Centre                                   really help their children”
“Family training is very much concerned with the general education and
development of society at the same time. So the My Family–FACT
Programme will have a concrete effect on societal development in the future.
It is quite possible for us, as parents, to have a negative influence on our
children without necessarily raising a hand to them in violence — there are
many subtle ways in which we can hamper a child’s development without
being aware of what we are doing.

“It is an unfortunate truth about human nature that some of our most natural
                                            behaviour or responses to our
                                                children can be damaging to
                                                 them. So I’m very happy to
                                                 be taking part in this training
                                                 seminar both as a mother
                                                 because I am more confident
                                                 about my future relations
                                                 with my children and also as
                                                 a teacher because I look
                                                 forward to sharing what I
                                                 have learned with other
                                                 trainers and other parents.”

                                                 fiehzade Polat, Teacher,
                                                 Yozgat Public Education                 Nihayet Uçlu: “It’s quite
                                                 Centre                                  possible to have a
                                                  “By teaching the parents               negative influence on our
                                                  about problem–solving in               children without raising a
                                                  human relationships and                hand to them in violence”
                                                  behaviour, we are equipping
                                                  them with the tools to help
                                                  their children resolve their
                                                own problems and issues in a
  fiehzade Polat: “Fathers     forthright and independent manner without
     and mothers will be      having to resort to external agencies such as
   equipped to provide a      counsellors, teachers, community leaders. At
         more protective      the same time, both fathers and mothers will be
    environment for their     equipped to provide a more protective
                children”     environment for their children.”



Children First: Towards Good Governance, Justice and Protection for Children in Turkey                             9
working
                   together
                   Sharing a common goal to improve child protection in Turkey, the diverse
                   group of representatives from Government Ministries, NGOs and academics
                   that make up the Children First project management team share an equally
                   diverse range of abilities and experience. A crucial step in reaching the
                   ultimate goal of Children First was to look at the working relationship
                   between the various sectors and ensure the success of the project by
                   developing the individual strengths of those involved into an effective team.

                   In order to achieve this synergy, a three–day workshop was organised in
                   K›z›lcahamam near Ankara in November for twenty participants from the
                   Ministry of Justice, the Ministry of National Education, the Social Services
                   and Child Protection Agency, the Gendarmerie, the Security General
                   Directorate and the Turkish Bar Association.

                   The workshop, based around the Seven Habits of Highly Effective People,
                   sought to provide a foundation for strengthening individual performance at
                   the personal, interpersonal, managerial and organisational levels by
                   equipping team members with the tools and skills to work at optimum levels
                   of effectiveness — both as a group and individually.

                   Using a combination of talks, video presentations, personal and group
                   exercises, the workshop developed over its three–day course under the
                   following themes:


                   •   Be proactive by taking the initiative, keeping commitments, being
                       responsible, accountable and exerting a positive influence on results.


                   •   Begin with the end in mind by developing vision, establishing the mission,
                       setting goals, aligning goals to mission priorities and focusing on outcomes.


                   •   Put first things first by following strategy, focusing on important priorities,
                       defining tasks to achieve goals, prioritising tasks and using planning tools.


                   •   Think positively and improve working relationships, collaborate effectively,
                       resolve conflicts and make positive performance agreements.


                   •   Seek first to understand and then to be understood through persuasive
                       communication, defusing tense situations, listening effectively and provide
                       productive input and feedback.


                   •   Synergise by making positive use of diversity, working together creatively
                       on problems, valuing differences and developing innovative solutions.


                   •   Sharpen the saw by practicing continuous improvement and self–renewal.

                   The workshop was generally considered a success by all who were involved
                   since the opportunity for participants to work together personally provided a
                   strong and productive start for the project. Practical exercises around the
                   development of Children First communication materials were of immediate
                   benefit in developing the project identity and promotional literature that was
                   used to launch the project.



10   Children First: Towards Good Governance, Justice and Protection for Children in Turkey
what’s
happening?
The multi–layered structure of Children First is best demonstrated by the
variety of activities underway in support of the project goal of improving
child care and protection in Turkey.

Early Childhood Development
Revision of the Family and Child Training (FACT) package, now called My
Family, has been completed and is currently being piloted with a view to
nationwide expansion following assessment later in the year. MONE and
SHÇEK received training in the package during the latter half of 2005.

Recruitment of an international consultant to oversee new pre–school
education curriculum and communication tools is underway.

Parenting for 7–19 year–olds
UNICEF recruited a team to oversee development of a parenting programme
for older children and adolescents in January. A consultative group of
experts and NGOs will provide technical advice and support to the team as
they develop the package.

Education
Research on catch–up education will shortly begin at the national level to
determine the distribution of children who are out of school in terms of age,
gender, socio–economic background of family, and institutions responsible for
their well–being. The study will also measure the knowledge, skills and attitude
levels of the children.

Catch–up education is in preparation — MONE has begun work in February
on the implementation model following an “Information and Experience”
meeting in Ankara in January. At the meeting, government officials, NGOs,
academics and international speakers convened to draft principles and
discuss the best means to develop and implement catch–up education in
Turkey. The principles will be used as a guide by MONE.

Child Protection
UNICEF has begun recruitment for a team of 7 national and 5 international
consultants who will do research to improve policy making and help bring
about legislative and institutional changes in support of child protection.

A workshop aimed at strengthening the skills and capacity of the Judiciary to
deal with children with specific problems such as drug abuse and anger
management is planned for early March.

A coordination, evaluation and planning meeting on the subject of
strengthening the juvenile justice system was held in December involving the
Ministry of Justice General Directorate of Prisons, administrators from 22
Ministry of Justice Institutions and representatives from 18 Provincial Bars.
The meeting provided a forum to strengthen communication and
coordination between administrators of institutions and lawyers.

A meeting with parliamentarians regarding draft legislation on institutionalisation
of children and monitoring children’s rights is planned for early March.



Children First: Towards Good Governance, Justice and Protection for Children in Turkey   11
children first
                                                       What will Children First achieve?

                                                       Through Children First, Turkey is committed to ensuring that the
                                                       protective rights of all boys and girls are fully met.

                                                       Children First will reinforce institutional responses to the increasing
                                                       incidence of child abuse, neglect and deprivation of parental care with
                                                       systematic research, monitoring and data collection, preventive
                                                       measures and more policies and legislation in favour of child protection
                                                       by:


                                                       •   increasing the capacity of professionals working in child justice and
                                                           protection to promote and protect children’s rights;


                                                       •   establishing alternative mechanisms of dispute resolution for
                                                           children in contact with the law;




                                                                                                                                           Print Yorum Matbaa
                                                       •   giving children who are outside of the education system a second
                                                           chance to catch up;


                                                       •   promoting gender equality at all levels of society;


                                                       •   reducing the worst forms of child labour;


                                                       •   establishing preventive mechanisms, including family mediation and
                                                           alternative models of care and protection;


                                                       •   promoting caring, family environments rather than institutional




                                                                                                                                           Design
                                                           placements for children who are not living with their parents or
                                                           caregivers;


                                                       •   establishing minimum standards of care and protection for children
                                                           who are living in institutions and in foster care;


                                                       •   increasing the life–skills capacity of adolescents so that they enjoy
                                                           their rights and are aware of how to protect themselves.

                                                       The success of Children First will contribute to the achievement of the
                                                       Millennium Development Goals, especially the goal of section VI of the
                                                       Millennium Declaration on protecting the vulnerable, and also support
                                                       implementation of reforms in the area of children’s rights that will bring
                                                       Turkey closer to full compliance with the standards of the CRC and the
                                                       EU.




This project is implemented by the Government of Turkey with financial support from the European Union and technical support from UNICEF




                                                                                                                        United Nations
                                                                                                                        Children’s Fund

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Putting Children FirstThe concise title "TITLEPutting Children First" effectively summarizes the key focus of the document which is improving child care and protection in Turkey by putting children's interests and well-being first, in line with the UN Convention on the Rights of the Child. It is under 40 characters long and starts with "TITLE

  • 1. children first Towards Good Governance, Justice and Protection for Children in Turkey Periodic Report, issue: 01/06 in this issue … • putting children first • children’s thoughts • a very big team • my family … our future • working together Improving child care and protection in Turkey March 2006
  • 2. putting children first Impoverishment, exploitative labour, sexual abuse, harassment and exploitation are unfortunately typical gross child rights violations that millions of children face every day around the world. The Convention on the Rights of the Child (CRC) was devised to protect children from such violations by ensuring that every action societies and families take on behalf of children is first and foremost in their best interests. Commitment to the CRC obliges signatory states to ensure that policy, legislation and services for children reflect the principles of the Convention and contribute to the creation of a protective environment that will ensure the healthy growth and development of every child. As the official title Towards Good Governance, Protection and Justice for Children in Turkey Upgrading of the Juvenile demonstrates, Children First aims to help Turkey build a protective Justice System involved a environment for her children. The seed of Children First was planted in rehabilitation– based Turkey when the Government commenced harmonisation with international response to children in standards through the Upgrading of the Juvenile Justice System project with contact with the law that the support of the European Commission. both respects their rights and offers solutions that The Upgrading of the Juvenile Justice System project contributed to changes would help prevent them for children that were reflected in a new child protection law in 2005 — an reoffending important year for legislation on children in contact with the law in Turkey. The new code, along with amendments to the penal law, raised the minimum age of criminal responsibility from eleven years to twelve and significantly accelerated the judicial process for juveniles. Other important developments under the new legislation include: • specialised treatment for children in contact with the law; • numbers of courts specialised in handling cases involving children have been increased; • the introduction of an alternative sanction allowing probation for children in place of detention; • increased presence of social workers during the judicial process. The project also increased the capacities of all ministries and agencies concerned with the judicial process to protect children from abuse, exploitation, neglect and violence. The project involved the Ministry of Justice, the Social Services and Child Protection Agency (SHÇEK), the Ministry of Interior, the Bar Association and the Youth Re–autonomy Foundation. Activities under the mantle of the project enhanced the capacities of members of the Child Rights Commissions in fifty–two Provincial Bar Associations, roughly four hundred personnel in Ministry of Justice institutions, two hundred and fifty specialists in forensic medicine, forty probation officers and increased the awareness of parliamentarians on issues related to juvenile justice. More legal assistance was provided to child victims of abuse and violence and also to children in contact with the law. Child Rights Commissions in fifty–two 2 Children First: Towards Good Governance, Justice and Protection for Children in Turkey
  • 3. Building upon progress of the Provincial Bar Associations now provide legal aid to children who are made in upgrading the victims of crime and who are otherwise in contact with the law. In general, the Juvenile Justice System, outreach capacity of the Child Rights Commissions was increased by 90 per Children First will focus cent. Regarding incidence of children in contact with the law since 2002: on prevention by working to reintegrate children • 67 per cent fewer children have been deprived of their liberty; with their families • 80 per cent fewer children are serving sentences in reformatories. Public awareness of the right of disadvantaged children to be protected from violence, abuse, neglect and exploitation — one of the cornerstones of Children First — has become more widespread and the media have begun to treat the issue with more sensitivity. Work with the Child Rights Commissions surpassed the expected results. Apart from supplying legal services to disadvantaged children, the Commissions have adopted a much stronger role in monitoring respect for children’s rights and they are currently in the process of establishing independent monitoring units across Turkey that will be composed of inter–sectoral groups of child protection experts. The current climate of political stability, economic growth and social and institutional change has created an unprecedented opportunity to fulfil the promise of projects such as Upgrading the Juvenile Justice System in Turkey and the Say Yes for Children campaign. Their success led to the Secretariat General for EU Affairs (SGEU), the European Commission Delegation (ECD) and the Government of Turkey initiating the Towards Good Governance, Justice and Protection for Children in Turkey project or Children First which the Government will implement with technical support from UNICEF. Throughout the development of the project, both the Secretariat and the ECD provided full support, guidance and commitment to the promotion and protection of children’s rights. It is hoped that through Children First, Turkey will see a continuation of the work to improve juvenile justice and a change in child care and protection that should set the country firmly on the way to protecting and promoting the rights of boys and girls and bring the country closer to the standards of the CRC and the EU. Children First: Towards Good Governance, Justice and Protection for Children in Turkey 3
  • 4. children’s thoughts The official title of the project, Towards Good Governance, Justice and Protection for Children in Turkey, is clear in its meaning but it is difficult to remember easily and it was felt that something shorter was needed in order to attract popular attention. Everyone involved, from the project partners through to the general public and children themselves were consulted on the development of a short title and logo. SHÇEK, with the support of UNICEF, showed some ideas to participants at the Sixth Children’s Forum in November and asked the children for their first impressions at this Eflref: “It’s nice to see important step in the development of the project identity. a family in the picture” “It seems to me,” said twelve–year–old Eflref from Yalova, “that adults only ask our opinion, as children, at events like this. It’s nice to see a family in the picture — we need a good example of how they should behave with their children. Families should support their children.” Twelve–year–old Merve from I¤d›r said: “Adults need to listen to what children are saying. They shouldn’t ignore us just because we’re young. That’s why I like the picture of the little girl on her daddy’s shoulders — she looks as though she’s saying something and the rest of the family are not just listening to her — they’re paying attention!” Twelve–year–old fierife liked the idea of seeing a family as well: “it’s all about respecting our rights as children isn’t it? And I think that the most important rights are health and education. After that I think that children need to be protected from violence and war. I reckon that the Government can do a lot to protect us from these things but I suppose the best place to start protecting children is within the family. fierife: “I like the one “I like the one with the roof over their heads — isn’t that with a roof over their where a family belongs?” heads” Eleven–year–old Emine from Bitlis, twelve–year–old Ak›n from Mufl and fourteen–year–old Gurbet from fi›rnak preferred an image with more movement: “Like something is happening and there’s something to be excited about. Also the colours should be bright and strong.” Centre page: Emine, Zeynep and Gurbet: “More action shows something to be excited about” 4 Children First: Towards Good Governance, Justice and Protection for Children in Turkey
  • 5. Thirteen–year–old Cengiz from Samsun suggested an umbrella over the family might suit, Cengiz: “An umbrella rather than a roof: “I’ve been Özge: “Maybe the means shelter — you can living in an institution since I family could be take it anywhere” was two and I worry about closer together what will happen when I’m too then we could old to stay there — will I be living on the street when I’m make them eighteen? That’s why I like the idea of an umbrella — like the bigger” roof it means shelter but you can take it anywhere with you.” Fifteen–year–old Özge from Bursa wanted to see something a little bolder: “the figures are a bit hard to make out. This will be quite small sometimes, won’t it? So it might work better if we can bring the family closer together. Then we could make them bigger and easier to see if they’re on a badge or something.” Thirteen–year–old Ömer from Mardin said: “The important thing is that people get the message about child protection when they see this.” “Maybe we should have meetings like this more often where we can be heard — not just in Turkey but everywhere in the world.” Ömer: “The important thing is that people remember the message about child protection” Children First: Towards Good Governance, Justice and Protection for Children in Turkey 5
  • 6. ... a very big team The Government of Turkey’s new child protection project, begun in August 2005, was officially launched on the 20th January 2006 at the Hilton Hotel in Ankara. Towards Good Governance, Justice and Protection for Children in Turkey or Children First, as it is known by its shorter title, will see the beginning of a change in child care and protection in Turkey where the rights Ambassador Hansjörg of all boys and girls — especially the most disadvantaged — will be upheld. Kretschmer, European Commission Children First is a broad ranging, multi–sectoral project involving the Delegation to Turkey Government, the European Commission, the United Nations Children’s Fund (UNICEF), various NGOs, children and parents. The unprecedented scope of partners in Children First was reflected by the attendance of Abdülkadir Aksu, Minister of Interior; State Minister Nimet Çubukçu; Ambassador Hansjörg Kretschmer, Head of the European Commission Delegation to Turkey; Edmond McLoughney, UNICEF Representative in Turkey; Professor Nejat Birinci, Undersecretary of MONE; ‹smail Bar›fl, General Director of SHÇEK and Judge Ekrem Bak›r, Deputy General Director of Prisons, Reformatories and Detention Centres — all of whom delivered keynote speeches introducing the project. The launch was also attended by Head of the Turkish Bar Association, Özdemir Özok as well as various government agencies, NGOs and academics. Minister of Interior, Abdülkadir Aksu welcomed the inception of Children First, saying that “it is the responsibility of both the state and its various ministries working closely together with NGOs and other concerned agencies, and of course the families themselves to protect all children and to ensure that they have access to education, good health care, nourishment and a protective environment.” Abdülkadir Aksu, Minister of Interior In the words of State Minister Nimet Çubukçu, “We are a very very big team, working together for a common cause — the best of all causes — a better future for children and their families everywhere in Turkey which is without a doubt the best possible future for Turkey herself.” Commenting from the perspective of the European Union’s core values of human rights, democracy and the rule of law, Hansjörg Kretschmer expressed his hope that Children First: “would help bring legislation in Turkey closer to EU policy on child care and protection and the standards of the Convention on the Rights of the Child (CRC)”. Mr Kretschmer stressed that “respect for children’s rights means protection from abuse and exploitation everywhere”. Speaking on UNICEF’s technical involvement in Children First, Edmond McLoughney said that the project would “increase opportunities for children everywhere in Turkey by improving policies and programmes, improving systems of care and protection and addressing issues of abuse and neglect which no child should experience”. McLoughney highlighted the project’s focus on reducing disparity both within the family and the country as a Edmond McLoughney, whole, saying that: “every individual in Turkey should have the opportunity UNICEF Representative to be healthy, well nourished, well educated, protected, living in a nurturing in Turkey family environment and able to participate in community and family life”. 6 Children First: Towards Good Governance, Justice and Protection for Children in Turkey
  • 7. On behalf of MONE, Professor Nejat Birinci underlined the educational focus State Minister Nimet of Children First, noting that “education is the first step towards developing Çubukçu, UNICEF Child our gifts and talents as individuals” and proceeded to stress that “our role as Protection Officer, Bürge parents is essential to our children’s future happiness and productivity and Hayran and Programme that we should imbue them with the love for knowledge that only the Coordinator, Lila Pieters example of our patient understanding and faith in their ability as individuals can achieve.” Speaking of the objective of Children First to reduce institutionalisation of children without parental care, General Director of SHÇEK, ‹smail Bar›fl made the point that: “We are including every child in Turkey with Children First — whether they are living with their families, in institutions or on the streets of our towns and cities — and we aim to protect them from violence and abuse both on the street and wherever they may live and also to prepare them physically and psychologically for a better future. “Children First is a real first for Turkey and her children.” Speaking for the justice system, Judge Ekrem Bak›r observed that “the judicial system can only benefit by a comprehensive understanding of those it judges and that we should relish the prospect of a judiciary that is better equipped with the necessary tools to respect the child’s lack of maturity when he or she comes into contact with the law and to make allowances as such.” In a vehement speech advocating for a more rounded understanding of ‹smail Bar›fl, General children’s rights, Judge Bak›r pointed to the fact that “only by Director of the Social protecting the child’s rights as an individual from birth can Services and Child society effectively reduce the likelihood that the child will not Protection Agency come into contact with the law and take practical steps to avoid the possibility.” Pop star Do¤ufl, an ardent advocate of children’s issues especially children living and/or working on the street, said that: “I believe that any issue concerning any child is important and I am here to support this endeavour to the very end. Today marks an important start for children in Turkey. I’m deeply moved by the participation of the various ministries and agencies such as UNICEF in this event and I hope that we can make just as good a finish in the end and make a real difference for children in Turkey — whatever their situation, whether they be rich or poor.” Children First: Towards Good Governance, Justice and Protection for Children in Turkey 7
  • 8. my family ... our future A crucial element of the Children First project strategy is to develop a comprehensive range of child–sensitive models for services related to children and one approach to achieving this focuses on the family unit itself. The Family and Child Training (FACT) Programme has been re–configured as My Family–FACT with the aim of reaching a third of parents and care–givers, especially in poor urban and remote rural areas, and training them in positive child–rearing practices. During one of the first Master Training sessions in Mersin at the end of Safiye fiahin: “Educating October, a group of FACT trainers from various project provinces were children within the family provided with extra training and teaching material aimed at improving helps reduce many typical education for families with children under six years of age. conflict situations” Safiye fiahin, Teacher, Sar›yer Public Education Centre, ‹stanbul “We had training in family education before but this has been a shorter, more compact and topical exercise. Previously the focus was primarily on the mother but now the role of father is also taken into account since we have found that it is much better to look at the family as a unit. Educating children within the family helps reduce many typical conflict situations. The mother’s traditionally protective role towards the children can sometimes create an odd kind of tension within the family where the father is alienated but this method unites all of the family members in mutual understanding.” Zahide Gözüayd›n, Teacher, Mersin Public Education Centre “This new training is especially useful for low–income and disadvantaged families but it can be easily applied to any family regardless of background or income. Although most parents attending our public education centre are fiermin Aksakal Vilday: mothers, we are very keen to “Parents will be better encourage the involvement able to appreciate the fine of fathers. That way it would details and needs of their be much easier to balance child from one stage of parental awareness of the development to another” protective environment between both parents. “The mother’s position within the family also becomes stronger as her lines of Zahide Gözüayd›n: communication with her husband are “Although most parents strengthened. The parents are better able to attending our courses are provide support for each other and of course mothers, we are very the children can only benefit from their enriched keen to encourage the relationship at the same time.” involvement of fathers” 8 Children First: Towards Good Governance, Justice and Protection for Children in Turkey
  • 9. fiermin Aksakal Vilday, Teacher, FACT Trainer “The goal is for parents to be better able to appreciate the fine details and needs of their child from one stage of development to another. When parents realise the differences in these stages, they can take the necessary steps to meet the child’s needs. Parents feel generally stronger, more competent and rather less helpless and confused because they know what to do when it comes to improving a child’s health, nutrition and development. “Individuals who know how better to look after their personal needs and the needs of those closest to them contribute to a stronger, more stable and understanding community structure. When parents are able to moderate their behaviour for the sake of their children, there is a ripple effect throughout their community and society at large.” Ümmühan Acar, Teacher, Alanya Public Education Centre “This training is very important because it is aimed at parents of children under six years of age — a very sensitive stage of their development in every respect. I plan to go from house to house, letting parents know what the training is about and that it is available for them to take part at their local public education centre. Already we have a number of regular attendees at our centre and I’m hoping that we can reach a greater number of families Ümmühan Acar: “This is through these people — by word of mouth, so to speak.” a great way to show parents how they can Nihayet Uçlu, Teacher, Antalya Public Education Centre really help their children” “Family training is very much concerned with the general education and development of society at the same time. So the My Family–FACT Programme will have a concrete effect on societal development in the future. It is quite possible for us, as parents, to have a negative influence on our children without necessarily raising a hand to them in violence — there are many subtle ways in which we can hamper a child’s development without being aware of what we are doing. “It is an unfortunate truth about human nature that some of our most natural behaviour or responses to our children can be damaging to them. So I’m very happy to be taking part in this training seminar both as a mother because I am more confident about my future relations with my children and also as a teacher because I look forward to sharing what I have learned with other trainers and other parents.” fiehzade Polat, Teacher, Yozgat Public Education Nihayet Uçlu: “It’s quite Centre possible to have a “By teaching the parents negative influence on our about problem–solving in children without raising a human relationships and hand to them in violence” behaviour, we are equipping them with the tools to help their children resolve their own problems and issues in a fiehzade Polat: “Fathers forthright and independent manner without and mothers will be having to resort to external agencies such as equipped to provide a counsellors, teachers, community leaders. At more protective the same time, both fathers and mothers will be environment for their equipped to provide a more protective children” environment for their children.” Children First: Towards Good Governance, Justice and Protection for Children in Turkey 9
  • 10. working together Sharing a common goal to improve child protection in Turkey, the diverse group of representatives from Government Ministries, NGOs and academics that make up the Children First project management team share an equally diverse range of abilities and experience. A crucial step in reaching the ultimate goal of Children First was to look at the working relationship between the various sectors and ensure the success of the project by developing the individual strengths of those involved into an effective team. In order to achieve this synergy, a three–day workshop was organised in K›z›lcahamam near Ankara in November for twenty participants from the Ministry of Justice, the Ministry of National Education, the Social Services and Child Protection Agency, the Gendarmerie, the Security General Directorate and the Turkish Bar Association. The workshop, based around the Seven Habits of Highly Effective People, sought to provide a foundation for strengthening individual performance at the personal, interpersonal, managerial and organisational levels by equipping team members with the tools and skills to work at optimum levels of effectiveness — both as a group and individually. Using a combination of talks, video presentations, personal and group exercises, the workshop developed over its three–day course under the following themes: • Be proactive by taking the initiative, keeping commitments, being responsible, accountable and exerting a positive influence on results. • Begin with the end in mind by developing vision, establishing the mission, setting goals, aligning goals to mission priorities and focusing on outcomes. • Put first things first by following strategy, focusing on important priorities, defining tasks to achieve goals, prioritising tasks and using planning tools. • Think positively and improve working relationships, collaborate effectively, resolve conflicts and make positive performance agreements. • Seek first to understand and then to be understood through persuasive communication, defusing tense situations, listening effectively and provide productive input and feedback. • Synergise by making positive use of diversity, working together creatively on problems, valuing differences and developing innovative solutions. • Sharpen the saw by practicing continuous improvement and self–renewal. The workshop was generally considered a success by all who were involved since the opportunity for participants to work together personally provided a strong and productive start for the project. Practical exercises around the development of Children First communication materials were of immediate benefit in developing the project identity and promotional literature that was used to launch the project. 10 Children First: Towards Good Governance, Justice and Protection for Children in Turkey
  • 11. what’s happening? The multi–layered structure of Children First is best demonstrated by the variety of activities underway in support of the project goal of improving child care and protection in Turkey. Early Childhood Development Revision of the Family and Child Training (FACT) package, now called My Family, has been completed and is currently being piloted with a view to nationwide expansion following assessment later in the year. MONE and SHÇEK received training in the package during the latter half of 2005. Recruitment of an international consultant to oversee new pre–school education curriculum and communication tools is underway. Parenting for 7–19 year–olds UNICEF recruited a team to oversee development of a parenting programme for older children and adolescents in January. A consultative group of experts and NGOs will provide technical advice and support to the team as they develop the package. Education Research on catch–up education will shortly begin at the national level to determine the distribution of children who are out of school in terms of age, gender, socio–economic background of family, and institutions responsible for their well–being. The study will also measure the knowledge, skills and attitude levels of the children. Catch–up education is in preparation — MONE has begun work in February on the implementation model following an “Information and Experience” meeting in Ankara in January. At the meeting, government officials, NGOs, academics and international speakers convened to draft principles and discuss the best means to develop and implement catch–up education in Turkey. The principles will be used as a guide by MONE. Child Protection UNICEF has begun recruitment for a team of 7 national and 5 international consultants who will do research to improve policy making and help bring about legislative and institutional changes in support of child protection. A workshop aimed at strengthening the skills and capacity of the Judiciary to deal with children with specific problems such as drug abuse and anger management is planned for early March. A coordination, evaluation and planning meeting on the subject of strengthening the juvenile justice system was held in December involving the Ministry of Justice General Directorate of Prisons, administrators from 22 Ministry of Justice Institutions and representatives from 18 Provincial Bars. The meeting provided a forum to strengthen communication and coordination between administrators of institutions and lawyers. A meeting with parliamentarians regarding draft legislation on institutionalisation of children and monitoring children’s rights is planned for early March. Children First: Towards Good Governance, Justice and Protection for Children in Turkey 11
  • 12. children first What will Children First achieve? Through Children First, Turkey is committed to ensuring that the protective rights of all boys and girls are fully met. Children First will reinforce institutional responses to the increasing incidence of child abuse, neglect and deprivation of parental care with systematic research, monitoring and data collection, preventive measures and more policies and legislation in favour of child protection by: • increasing the capacity of professionals working in child justice and protection to promote and protect children’s rights; • establishing alternative mechanisms of dispute resolution for children in contact with the law; Print Yorum Matbaa • giving children who are outside of the education system a second chance to catch up; • promoting gender equality at all levels of society; • reducing the worst forms of child labour; • establishing preventive mechanisms, including family mediation and alternative models of care and protection; • promoting caring, family environments rather than institutional Design placements for children who are not living with their parents or caregivers; • establishing minimum standards of care and protection for children who are living in institutions and in foster care; • increasing the life–skills capacity of adolescents so that they enjoy their rights and are aware of how to protect themselves. The success of Children First will contribute to the achievement of the Millennium Development Goals, especially the goal of section VI of the Millennium Declaration on protecting the vulnerable, and also support implementation of reforms in the area of children’s rights that will bring Turkey closer to full compliance with the standards of the CRC and the EU. This project is implemented by the Government of Turkey with financial support from the European Union and technical support from UNICEF United Nations Children’s Fund