CHILD PROTECTION
Child Protection
Many reasons such as socioeconomic problems, migrations, urbanization, domestic
conflicts, fragmented family structure, alcohol-substance use or psychological problems
negatively affect the family institution and cause the family to be unable to perform its
functions. While the family, which forms the basis of society, has an extremely important role
in the protection and development of the individual, when it is under various risk factors, it
cannot fulfill its care-giving responsibility and sometimes it can turn into an environment that
threatens development. One of these threats, child neglect and abuse, causes the family to
have damaging effects on the child's development rather than its contribution to the child's
development. (Tıraşçı ve Gören, 2007; Yolcuoğlu, 2010). It is quite common for children to
be mistreated in an unhealthy family environment. Although the family is an ideal and natural
environment for the growth and development of children, not every child has the opportunity
to live in a family environment for various reasons.
In cases where children become in need of protection due to parental deprivation,
abandonment, fulfillment of custody responsibilities of parents, the responsibility generally
belongs to public institutions. It is clear that the policies developed to address social problems,
especially children, disabled, women and elderly population groups, should be planned taking
into account the long-term, multidimensional and risk variables of the prepared legal
regulations and social services carried out. Child protection systems should avoid approaches
that may harm the family institution and children in the policies they create as much as the
responsibility to protect children. The state protection of children who are deemed unable to
stay with their parents due to neglect and abuse is a reflection of child protection policies.
Services provided to children under state protection have traditionally been based on
institutional care models such as kindergartens and orphanages. However, it is possible to
come across many research findings in the literature that child protection and care practices
based on institutional care have negative effects on children. (van Ijzendoorn vd., 2011;
Smyke vd., 2012; Hermenau, Hecker, Elbert, & Ruf-Leuschner, 2014; Yurteri Tiryaki &
Baran, 2015; Yıldırımalp & Hız, 2018). For this reason, these types of traditional institutions
are increasingly being replaced by models such as children's homes that will strengthen the
adaptation of children to independent living, and especially care models for providing care in
the family.
Historical Development of Children's Rights
The benefits of the child, which are protected by the rules of law in order to develop
healthy and normal in terms of freedom and dignity in physical, mental, emotional, social,
moral respect, are called "Children's Right". It is fair to say that the most important period
regarding children's rights is the 20th century. The problems of orphaned, poor, extramarital
and hurt children, which proliferated as a result of the world wars and subsequent social
events in the first half of this period, have accelerated the development of children's rights and
the law that is the subject. (deMause, 1974; Gil’Adi, 2001).
The United Nations Convention on the Rights of the Child, which was adopted on the
international level and adopted by the participating countries on November 20, 1989, draws
attention to the four basic rights and protections of the child. These:
1) Right to life, which emphasizes living conditions, medical care, nutrition and
housing conditions,
2) The right to development, which includes education, play, rest opportunities,
information acquisition, freedom of religion-conscience-thought, right to information, in order
for the child's abilities to develop at the highest level,
3) The right to protection of the child, which emphasizes the protection against all
kinds of neglect, abuse and exploitation, and
4) The right of the child to participate, which includes the right to gain activities in the
family and society. (UNICEF, 2012).
The United Nations Convention on the Rights of the Child is the widest internationally
recognized and participating convention to date. Apart from the United States and Somalia,
153 countries have signed this convention to respect children's rights. (UN Children’s Rights
Alliance, 2010). With the convention signed by our country in 1990 and ratified by the
Parliament on October 2, 1995, the child is dealt with within the scope of basic human rights.
Basic Legal Regulations for Children in Need of Protection in Turkey
There are regulations in many laws, especially the Constitution, regarding children in
need of protection in Turkey. These are the Social Services Law No. 2828 (SSL) and the
Child Protection Law No. 5395 (CPL), two basic legal regulations concerning children in
need of protection.
Child Neglect and Abuse
Child abuse and neglect is one of the important social problems that all countries of
the world have to deal with. This problem, which refers to the fulfillment of the
developmental needs of the child in the negligence dimension and the physical, emotional or
sexual abuse of the child in the dimension of abuse, is a violation of human rights in the first
place. Therefore, the protection of children from all kinds of neglect and abuse is among the
most important duties of the states.
Abuse and neglect is a violation of human rights. The United Nations Universal
Declaration of Human Rights emphasizes human dignity and value, equality and freedom
while promoting basic human rights. In this respect, the principle of 'No one shall be
subjected to torture, cruel, inhumane, dishonorable punishments or treatments' stated that
these actions would be a violation of human rights when considered in the context of neglect
and abuse (Universal Declaration of Human Rights, artc. 5). On the other hand, article 25 of
the declaration refers to the responsibility of the state that children have the right to help,
special care and protection.
Child Protection Policies to Prevent Neglect and Abuse in Turkey
The Convention on the Rights of the Child (CPC), adopted by the United Nations in
1989 and entered into force in Turkey in 1995, is the most important guideline on children's
rights, which is part of the universal human rights discourse. Referring to the high benefit of
the child, the convention imposes responsibility on the states parties to protect children from
all forms of ill-treatment. Article 19 of the Convention; "to protect the states of the party from
any form of abuse and ill-treatment, including physical or mental assault, violence or abuse,
negligence or negligent treatment, and raping, while standing by the child's parents or only
one of them, their legal guardians or guardians, or any person who undertakes their care; takes
all legal, administrative, social and educational measures" (T.C. Official Gazette, 1995). The
Constitution of the Republic of Turkey states that "The state takes protective measures against
all forms of abuse and violence" under the heading "Protection of the family and children's
rights" to emphasize the obligation of the state in this regard (T.C. Official Gazette, 2010).
Foster Care in the Child Protection System
As a result of the problems experienced in the family, the risk of neglect and abuse
that threatens the development of children who need to grow up in a healthy environment
increases. One of the main objectives of child protection systems is to eliminate risk factors
for children's bio-psycho-social development and to allow the child to live in a family
environment that will support their development. In terms of the superior benefit of the child,
the policy priority is to stay with the child's own family and create the best living
opportunities for him in the current conditions. However, if the family fails to perform its
functions and becomes the source of neglect and abuse of the child, child protection practices
come into play and children benefit from care services that support their biopsychosocial
development until they are free of the negative conditions in the family. Foster care is a social
service model that aims to support the development and care of children who need protection
and who do not have the opportunity to live with their biological parents by protecting them
from the negative effects of institutional care.
In conclusion, the neglect of children's rights, which is also a problem in many
countries, should be regulated for the benefit of children. Children are the foundation of our
future. That is why we must protect the rights of children.
REFERENCES
Ahu Öztürk. A Psychological Standpoint for Children's Rights and Education. Social Sciences
Review of the Faculty of Sciences & Letters University of Uludag / Fen Edebiyat
Fakültesi Sosyal Bilimler Dergisi. 2017, Vol. 18 Issue 33, p429-451. 23p. Language:
Turkish. DOI: 10.21550/sosbilder.288966.
ÇAVUŞ BEKCE Fatma Özge; ÇALIŞ, Nurullah. Specialized Foster Care in Child Protection
Policies to Prevent Child Abuse and Neglect. Journal of Society & Social Work. 2021,
Vol. 32 Issue 4, p1565-1586. 22p. Language: Turkish. DOI: 10.33417/tsh.900655.
deMause, Lloyd (1974). The History of Childhood. New York: The Psychohistory Press.
Šumanović-Glamuzina D; Jerković-Raguž M; Brzica J, Psychiatria Danubina [Psychiatr
Danub], ISSN: 0353-5053, 2020 Sep; Vol. 32 (Suppl 2), pp. 302-304; Publisher:
Facultas Universitatis [i.e. Facultas Medica Universitatis] Studiorum Zagrabiensis in
cooperation with WHO Collaborating Centre for Research and Training in Mental
Health--KBC Zagreb, on behalf of the Danube Symposion of Psychiatry; PMID:
32970651
T.C. Resmi Gazete. (1995). Çocuk Haklarına Dair Sözleşme. Yayınlandığı Resmi Gazete
tarih ve sayısı: 27.01.1995, 22184
T.C. Resmi Gazete. (2010). Türkiye Cumhuriyeti Anayasasının Bazı Maddelerinde Değişiklik
Yapılması Hakkında Kanun. Yayınlandığı Resmi Gazete tarihi ve sayısı: 13.15.2010,
27580.
Tıraşçı, Y. ve Gören, S. (2007). Çocuk istismarı ve ihmali. Dicle Tıp Dergisi, 34(1), 70-74
UN Children’s Rights Alliance. “The UN Convention on the Rights of the Child Booklet-
2010”.
UNICEF. “United Nations Children’s Fund, Measuring and Monitoring Child Protection
Systems: Proposed Core Indicators for the East Asia and Pacific Region-2012”
Strengthening Child Protection Series. UNICEF EAPRO, Bangkok. ISBN: 978-974-
685-138-1.
van Ijzendoorn, M.H., Palacios, J., Sonuga-Barke, E.J.S., Gunnar, M.R., Vorria, P., McCall,
R.B., Le Mare, L., Bakermans Kranenburg, M.J., Dobrova-Krol, N.A. and Juffer, F.
(2011), Children in Institutional Care: Delayed Development And Resilience.
Monographs of the Society for Research in Child Development, 76: 8-30.
https://doi.org/10.1111/j.1540-5834.2011.00626.x
YAMAN, Fikret; TUNCAY, Tarık.A Review of the Deadly Child Abuses and Child
Protection System in Turkey. Journal of Society & Social Work. 2020, Vol. 31 Issue
3, p1370-1393. 24p. Language: Turkish.
