Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Confirm Agreement On Use Of Children's Rights In Europe

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ÇOCUK HAKLARININ KULLANILMASINA İLİŞKİN AVRUPA SÖZLEŞMESİNİN ONAYLA

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4620.html

Law No. 4620

Acceptance Date: 01/18/2001

Article 1 - signed on 9 June 1999 by our country, "the European Convention on the Exercise of Children's Rights" has been found to comply with the attached declaration be approved.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.




European Convention on the Exercise of Children's Rights
Strasbourg, 01.25.1996

Introduction

Council of Europe member States and other signatories to this Convention, the
Council of Europe's objectives, taking into account that build a greater unity between its members,
United Nations Child Rights Convention, and in particular the Convention ' States parties of the legislative, administrative and wanting to spend other rights recognized in the Convention, taking into account the application of Article 4; 1121 relating to the
Parliamentary Assembly of the children's rights (1990) Recommendation No. Noting the content of the decision, the need to develop
children's rights and best interests, and on this occasion the children especially in their interest by domestic operations, they have the ability to exercise these rights Convinced of the need, by submitting
children's rights and best interests of the procedure, the views of the children and to obtain the necessary information to develop appropriate need to be addressed, the protection of the higher interests of the child rights of
family and acknowledging the important role in the development and the State if necessary, these protection and taking into account that they need to participate in the development
However, in case of disputes, family issues, keeping in mind it would be appropriate to try to find a solution to bringing it before a judicial authority, have agreed on the following:
Part I - the field of application of the Convention, the purpose and
definitions Article 1 - the field of application and purpose of the Convention
1) this Convention shall apply to children who have not reached the age of 18.
2) The purpose of this Convention for children's best interests, promote their rights, recognize the rights of their procedure and the rights of children directly and other persons or in front of a judicial authority by bodies that they themselves informed of the interests litigation and ensure allowed to participate in these proceedings to facilitate the use.
3) For the purposes of this Convention, in front of a judicial authority, cases involving children, particularly the case of children's residence and personal relationship with the child, such as the establishment of parental responsibilities.
4) Each State, signature or when ratification, when depositing its instrument of ratification and accession, by a declaration addressed to the Council of Europe Secretary General, in front of a judicial authority must identify at least three types of family disputes that implementation of this Convention.
5) each of the parties, so an additional beer, you can specify the additional family disputes that implementation of the Convention or Article 5, Article 9 of the second paragraph of Article 10 of paragraph 2 and may provide information relating to Article 11.
6) the development of children's rights and this Convention shall not prevent the application of more favorable rules in use.
Article 2 - Definitions
in this Agreement,
a) "judicial authority" statement from a court or administrative authority with equal powers;
B) "those with parental responsibilities" all phrases from parents and parental responsibilities to use or some other authorized individuals or institutions,
c) "representative" before a judicial authority with the phrase, has been appointed to act on behalf of a child advocate a person or institution, such as
d) "Related information" shall, subject to prejudice the welfare of the child be given this information in order to allow you to use fully the child's rights, children, aged and clear the appropriate information to be given taking into account the grasp power.
Part II - Procedural measures to promote the exercise of the rights of children
. The procedural rights of the child
Article 3 - the right to express its opinion during the informed in the case and trial
adequate perception by the owner that a child adopted by domestic law before a judicial authority, his interest in the case, listed below may request the benefit of himself rights granted:
a) receive all relevant information;
B) to be consulted and to express his own opinion;
C) the possible consequences of the implementation of opinion and to be informed of the possible consequences of any decision.

Article 4 -
entitled to the appointment of a special representative 1) Article 9 of prejudice, if the child's parents because of an internal legal conflict of interest will be deprived of the opportunity to represent the child through the child's person or other persons and institutions, judicial in front of his authority to represent him in cases involving the appointment of a special representative it is entitled to.
2) States the right in paragraph 1, which have sufficient grasp power by domestic law alone are free to anticipate the implementation of adopted children.
Article 5 - procedural, it is possible that other parties
rights of children in front of a judicial authority, especially with regard to cases involving procedural them;
A) to assist in expressing their own views the right to ask for help from an appropriate person of their choice;
B) by themselves or other persons or institutions, a separate representative, the right to request the appointment of a lawyer, as appropriate,
c) the right to appoint their own representative;
D) the right to use all or part of the rights of the parties have in the present case; They viewed the possibility of granting additional rights as
.
B. Judicial authorities' role
Article 6 - judicial authority decision process
in cases involving a child, before taking a decision:
a) should check whether they have enough information to make decisions appropriate high interest of the child and, when necessary, especially parental responsibility those holding must provide additional information.
B) Where it is considered to have an adequate grasp power by child domestic law
- should make sure that children get all the necessary information.
- If the child's best interests clearly contradict, if necessary, by means of self or other persons and institutions, in favorable conditions for the child and should consult the child in a manner appropriate to his understanding.
- It should allow the child to express his opinion.
C) must give due consideration to the views expressed by the child. Article 7
-
obligation to act in cases of emergency involving a child, the judicial authorities must act quickly to avoid unnecessary delay, regulations to ensure rapid implementation of the decisions must be made. Judicial authorities have the authority to make decisions in emergency situations can be applied immediately if necessary.
Article 8 - act his own initiative
in a child cases involving child welfare in cases determined by internal law that is under severe threat, has the authority to take action ex officio judicial authorities.
Article 9 - A representative appointment
1) in cases involving a child, in accordance with domestic law, they are barred from the right to represent the people of the children of parental responsibilities as a result of a conflict of interest with the child, there is a special delegation of authority to juvenile court in these proceedings .
2) The Parties shall, in cases involving a child, the child of another representative to represent the judicial authorities, if they keep in mind the possibility that it is necessary to ensure that it has the authority to appoint an attorney.
C. The role of representatives Article 10
-
1) representative in cases involving children in front of a judicial authority, the child's condition that it does not contradict their best interests;
A) A child, it has enough power in his grasp, if accepted by domestic law, should give all the necessary information;
B) child, have sufficient power of discernment which, if accepted by domestic law, the representatives of the possible consequences of the implementation of the vision should give explanation about the possible consequences of each action,
c) must provide information to the judicial authorities by identifying the views of the child.
2) The Parties to the parental responsibilities of people with regard to the provisions of paragraph 1 shall carry matters to be covered.
D. Extension of certain provisions
Article 11 -
Parties, other institutions in front of the children concerning cases are related to the child, the problems which are not the subject of the case 3, 4 and Article 9, they take into consideration the issues to be covered by its provisions.

E. Article 12 National Institutions
-
1) The Parties shall, inter alia, in particular 2. The corporate functions through the development of children's rights provided for in paragraph and encourages the use.
2) These functions are:
a) make recommendations 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) general information on the use of children's rights in the media, the public and persons and bodies dealing with questions relating to children,
d) to investigate the views of children and provide them with all necessary information.
F. Other measures
Article 13 - Mediation and conflict of tackling other issues
dispute in solution or solve the children in front of a judicial authority Parties to prevent cases involving mediation and the implementation of other methods for the settlement of disputes and designated by the Parties, where appropriate, the method of encourage the use in reaching an agreement.
Article 14 - Legal aid and legal advice
domestic law, when legal aid for the representation of children in children concerning proceedings before a judicial authority and legal advice to anticipate these provisions shall apply to the issues contained in the 4 and Article 9.
Article 15 - Relations with other international instruments
this Convention, where one side will be located or of the parties, to examine specific issues related to the protection of children and their families does not create obstacles to the implementation of other international documents.
Section III -
Standing Committee Article 16 - Establishment and functions of the Standing Committee
1) The Standing Committee has been established for the purposes of the Convention.
2) The Standing Committee shall follow up the issues related to this Convention. This committee in particular:
a) on the application or interpretation of the Convention may examine all relevant issues. results related to the implementation of the Convention's Standing Committee may take the form of a recommendation; recommendations shall be adopted by a vote of three-fourths majority that;
B) may propose amendments to the Convention and examine the proposed changes in accordance with Article 20;
C) of paragraph 2 of Article 12 perform prescribed functions and can provide assistance and advice to national institutions that can promote international cooperation between them.
Article 17 - Bodies
1) Each Party may be represented by one or several delegates before the Standing Committee. Each party has the right to one vote.
2) not party to this Convention, each State referred to in Article 21 in the Standing Committee may be represented by an observer. The same applies in accordance with the provisions of Article 22 after having been invited to accede to the Convention, also apply to other State or the European Community.
3) one of the parties, at least one month before the meeting, unless the Secretary-General to inform the opinion of the Standing Committee;
Not foreseen in paragraph 2 above each State;
United Nations Committee on the Rights of the Child;
The European Community;
International every government agency;
Article 12 paragraph 2 or executing one of the functions provided for in many international non-governmental organizations each;
12. Any national organizations Article 2 of one of the functions provided for in paragraph or performing the many government agencies and non-governmental organizations is to accede to all or a part of the whole meeting or a meeting as an observer;
4) engaged in the implementation of children's rights, the Standing Committee may exchange information with the appropriate organizations.
Article 18 - Meetings
1) Council of Europe Secretary General of the end of the third year following the date of entry into yürürülüg of this Agreement at any time following this date and will invite the Standing Committee meeting on its own initiative.
2), the Standing Committee may decide, provided the presence of at least half of the Parties.
3) The decisions of the Standing Committee of the 16th and 20th article are taken by majority of the members present, without prejudice.
4) Standing Committee without prejudice to the provisions of this Agreement, prepare the internal regulations of each working group will be established to perform all tasks in accordance with their internal regulations and under the Convention. Article 19
-
Standing Committee of the Standing Committee report, after each meeting, the Parties to the European Council of Ministers will send a report on the decisions taken and calls on the Committee.
Chapter IV - Amendments to the Convention Article 20
-
1) one or both of the parties have proposed changes to the articles of this Convention by the Standing Committee, reported to the Secretary General of the Council of Europe and its Standing Committee by ' at least two months before the next meeting of the Council of Europe member States, each signatory, each Party shall, in accordance with Article 21 of the provisions of this Agreement in accordance with any State or of Article 22 shall be invited to sign invited to accede to the Convention of the European Community 'n is transmitted.

2) Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined by the Standing Committee. The Standing Committee adopted the text by a majority of three-quarters of respondents Board Committee of Ministers for approval. This text is sent to the Parties for adoption after approval.
3) Each change is accepted from the date of change of all the Parties notify the Secretary-General one month before the end of the first day of the month following the entry into force. Section V
-
Final Provisions Article 21 - Signature, ratification and entry into force
1) of this Convention by the member States of the Council of Europe and participating in the formation of the Convention is open for signature by non-European members of the Council of State.
2) This Agreement ratification, acceptance or approval shall be subject to. Ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3) of this Agreement, in accordance with the preceding paragraph of the judgment, including at least two Council of Europe member of three State of the State is located after the date they declare their consent to be bound by the three-month period following the expiration month of the first day shall come into force.
4) for any State, who declared later consent that is connected with this Agreement, ratification, acceptance, and three months after the expiration following the filing date of the certificate is issued following the month of the first day shall come into force.
Article 22 - Non-member States and the European Community
1) Since the entry into force of this Convention, the Council of Europe, bakanlarkomite is after with its own initiative or in consultation with the parties with the proposal of the Standing Committee, all have to participate to the creation of the Convention States of the European community, the Council of Europe Statute and Article 20 of the "d" with the decision of the majority required by paragraph and the European Council of Ministers may invite the representatives of the States parties entitled to be represented on the Committee to accede to the Convention unanimously.
2) of this Agreement, each participating State or participation certificate to enter the European Union, Council of Europe Secretary General on the first day of the month following the expiration of three months from the deposit effect.
Article 23 - Territorial application area
1) Any State signing or ratification, acceptance, approval or accession when depositing the document may specify the territory or territories to which this Convention applies.
2) Parties at a later date in the European Council, the Secretary-General addressed a statement with the implementation of this Convention, it is authorized to make commitments on behalf of or in charge of international relations, can expand to any other territory specified in the declaration. Contract terms of territory, the Secretary General of the Council of Europe declared the first day of the month following the expiration of three months from the entry into force be made.
3) Any declaration made under the two preceding paragraphs, the subject of this statement is that the country's territory or be withdrawn by a notification to the Secretary-General regarding the territory. The withdrawal of the notification by the Secretary General of the month following the expiration of three months from the first day of getting into force.
Article 24 - Reservations No reservation to this Convention
.
Article 25 - Termination
1) Each Contracting Party shall, by notification addressed to the Secretary General of the Council of Europe may terminate this Agreement.
2) Termination of the Secretary-General of the notification of the expiration of three months after the first day of the month following the date of receipt shall enter into force.
Article 26 - Notice
Council of Europe Secretary General of the Council member States, any signatory, any Party and all other States and the European Community invited to accede to the Convention:
a) any signature;
B) Each of ratification, acceptance, approval or accession deposited the document;
C) Articles 21 and 22 of this Agreement in accordance with the date of entry into force;
D) any amendment adopted in accordance with the 20th article and the date of entry into force of this amendment;
E) 1 and any declaration made under the provisions of Article 23;
F) any denunciation made under the provisions of Article 25;
G) any other transaction concerning this Agreement, will issue notices or correspondence.
The tacit acceptance of the above provisions, and that the undersigned duly authorized have signed this Agreement.

this to be stored in the archives of the Council of Europe, in English and French, both texts being equally authentic, in a single copy, it was held in Strasbourg on January 25, 1996. Council of Europe Secretary General of the Council of Europe member States and to the Convention that are not members who contributed to the preparation of the State, the European Community and has been invited to accede to this Convention any State shall transmit, for example, approved the contract.
TEXT OF STATEMENT

"the Republic of Turkey, in accordance with paragraph 4 of Article 1 of the Convention, before a judicial authority of the Convention declares that it will apply to the following categories of family law cases.

1. Divorce cases,
2. Separation cases, 3
. cases concerning child custody are
4. Establishing a personal relationship between parent-child
5. On the establishment of paternity proceedings by a court decision "