Children's Rights In the Law and In the Justice System
- Ada Çakır
- 14 Åžub
- 3 dakikada okunur
Children’s rights are an important aspect of any legal system. ensuring that minors receive the protection and care they need while holding them accountable in age-appropriate ways is a crucial balance to hold. In Turkey, as in many countries, the legal framework surrounding children’s rights includes both protective measures and judicial procedures that dictate how minors are treated in legal disputes. However, the implementation of these laws can sometimes fall short due to societal, economic, and political challenges. Thus, this essay will adopt a comparative analysis method to examine the strengths and weaknesses of models in Turkey and Sweden.Â
Turkey's Legal Rights for Children
The United Nations Convention on the Rights of the Child (UNCRC) acknowledges children's fundamental rights such as protection from abuse, access to education, and equitable treatment in the legal system. It is the most notable international agreement pertaining to children's rights that Turkey has ratified. Even though the law establishes certain principles, enforcement may not always follow them.
Individuals under the age of eighteen are considered juveniles in the Turkish legal system. Juvenile courts are special courts that deal with matters involving youngsters in order to guarantee a justice system that places more emphasis on rehabilitation than punishment. Turkish law states that minors who have broken the law should be treated differently from adult offenders, with an emphasis on rehabilitation as opposed to incarceration. But according to reports, children in Turkey are sometimes subject to harsh treatment, including being detained in adult prisons despite legal prohibitions against such practices.
Another major issue is child labor. Child labor persists despite Turkey's legal protections against it, particularly in the unorganized sector and in agriculture. Freedom House asserts that due to a lack of enforcement and financial hardship, minors are compelled to work in environments that violate international labor standards.
Additionally, Turkish children's access to legal representation is among the most significant problems they face. Even while it is widely accepted that children have the right to legal representation, many of them—especially those from disadvantaged families—find it challenging to get enough legal help. This could lead to unfair trials and punishments that are harsher than required.
Children's Legal Rights in Sweden
Sweden was selected for this comparison to paint a better picture of the state of children’s rights in Turkey. As Sweden is regarded as a leader in children’s rights the disparity between the two countries is immense. Like Turkey, Sweden is a signatory of the UNCRC and has integrated its principles into national law. However, the key difference lies in the implementation and effectiveness of these protections.
In Sweden, child-friendly justice is a priority. Specialized legal professionals, social workers, and psychologists work closely to ensure that children’s voices are heard in legal proceedings. When children commit crimes, rehabilitation programs focus on reintegration into society rather than punitive measures. Detaining minors in prison is a last resort, and alternative solutions, such as community service or psychological support, are more commonly applied.
Sweden also has strong protections against child labor, with strict regulations and efficient enforcement mechanisms. Child welfare services actively monitor and intervene in cases where children are at risk of exploitation. Compared to Turkey, access to legal aid and representation is more robust, ensuring that all minors have adequate defense and legal assistance when involved in the justice system.
Conclusion
Children’s rights within the legal system are vital for ensuring their protection, fair treatment, and rehabilitation when necessary. While Turkey has laws aimed at safeguarding minors, challenges remain in enforcement, access to legal representation, and protection against exploitation. Comparing Turkey’s system with Sweden’s highlights the need for stronger implementation strategies and institutional reforms to protect children more effectively.
By addressing these challenges, Turkey can ensure that its legal framework does not merely exist on paper but actively benefits the children it is meant to protect. Increased awareness, legal reforms, and stronger social services are essential steps toward improving the justice system for children and upholding their rights more effectively.
Sources