Roadmap for NGOs | What does the Child Protection Law say to NGOs?

One in every three people in the world is a child. Each person spends about a quarter of their life as a child. Therefore, childhood is a critical period for each of us. For this reason, children's rights to life, development, protection, and participation are guaranteed by international conventions. However, these rights only become meaningful when they are implemented in daily life and public policies.

From this perspective, we carry out various activities to mainstream a child rights-based approach within civil society. In this context, we aim to strengthen the monitoring, reporting, and advocacy capacities of civil society organizations.

For this purpose, within the scope of the “Project to Enhance the Monitoring, Reporting, and Advocacy Capacities of CSOs Working in the Field of Child Rights,” we are organizing a series of trainings. In these trainings, we primarily come together with organizations working in the field of child rights. One of the most common questions we encounter in these trainings is, "What should we do when confronted with a rights violation?"

We also encounter worries such as "If we report this violation, will we have problems with the family or community? What if we are mistaken? How do we ensure our safety?"

These questions and concerns are quite understandable for those working in the field. However, at this point, there is a very clear framework.

For civil society organizations, reporting cases of neglect or abuse encountered in their areas of work is not only an ethical responsibility; it is both a legal obligation and, under the “best interests of the child” principle, a vital duty.

In this two-day article series, we will address the notification obligation that arises in cases of violation or abuse within the framework of the Child Protection Law.

In the first part of the series, we will focus on the legal framework. On the second day, we will share practical suggestions on how notification processes can be conducted safely and correctly.

First, the conceptual framework: Neglect, abuse, and exploitation

Before starting the article, let’s recall the concepts of neglect and abuse.

Neglect is the failure to meet the care, supervision, health, education, or emotional needs of a child, or seriously disrupting these needs.

Abuse refers to any behavior that harms the physical, emotional, or sexual integrity of the child or negatively affects their development.

Exploitation is the use of the child’s labor, body, emotions, or vulnerable state for the benefit of others. Forcing a child to work for economic gain, exposing them to sexual exploitation, involving them in criminal activities, or using them in the production of exploitative digital content all fall within this scope.

It should be remembered that these situations can arise not only within the family, but also at school, in care institutions, in the digital world, or in any social setting where children are present.

What does the 2005 Reform and Child Protection Law tell us?

In 2005, a comprehensive reform was carried out in Turkey’s criminal law, and regulations strengthening the child justice system and protective mechanisms were put into effect.

One important step of this reform was the adoption of the Child Protection Law No. 5395. This law repealed the Juvenile Courts Law No. 2253 from 1979, gathering all regulations regarding children in the justice system under one roof. At the same time, it adopted the concept of a “child in need of protection” as defined in the Social Services Law No. 2828 of 1983 and aimed to reorganize procedures for the protection of children in line with a modern understanding of child rights. With this regulation:
Coordination between child protection services and the child justice system was sought to be achieved.

A legal foundation was established for different institutions such as justice, social services, education, and health to work together in cooperation.

This approach also has constitutional grounding. Article 41 of the Constitution of the Republic of Turkey not only regulates the protection of the family but also explicitly states that the state will take necessary measures to protect children and that children will be safeguarded from all forms of abuse and violence. With the 2010 constitutional amendment, a provision concerning the protection of children was added to this article, further strengthening the state’s obligation to develop protective policies for children.

In this respect, the 2005 Reform represents a shift to a holistic approach that addresses the child in the justice system not only on the punitive side but also with protective and supportive measures. By recognizing that involvement in crime is often the result of structural inequalities, poverty, and neglect, it marks a deliberate departure from a punitive approach that focuses on individual fault. Thus, it transforms the justice system into a rights-based field of intervention centered on the child’s right to life, development, and dignity.

The purpose of the Child Protection Law is defined as “regulating the principles and procedures for the protection of children who are in need of protection or drawn into crime, and for ensuring their rights and wellbeing.”

The law aims to protect the best interests of the child by covering both children who have been subjected to crime or neglect/abuse, as well as “children drawn into crime.”

In this respect, the 2005 Reform represents a shift to a holistic approach that addresses the child in the justice system not only on the punitive side but also with protective and supportive measures.

By recognizing that involvement in crime is often the result of structural inequalities, poverty, and neglect, it marks a deliberate departure from a punitive approach that focuses on individual fault. Thus, it transforms the justice system into a rights-based field of intervention centered on the child’s right to life, development, and dignity.

Is there a role for civil society in the Child Protection Law?

Article 4 of the Child Protection Law lists the fundamental principles to be observed in the implementation of the law.
Among these principles are provisions such as guaranteeing the child’s right to life, development, protection, and participation, taking into account the benefit and wellbeing of the child, ensuring non-discrimination, and enabling the child’s participation in processes—all directly aligned with the basic principles of the Convention on the Rights of the Child.

The principles set out in Articles 2, 3, 6, and 12 of the UN Convention on the Rights of the Child, to which Turkey has been a party since 1995, have thus been incorporated into national legislation. An important principle here is also “working in cooperation with civil society organizations.”

The Child Protection Law adopts as a fundamental principle the cooperation of public institutions and civil society organizations in processes concerning the child and family.

This approach is quite significant in that it highlights CSOs as active stakeholders within the child protection system. In the past, child protection was mostly viewed as the state’s responsibility, but the new approach defines civil society as an active partner in monitoring, reporting, and support services.

Thanks to this principle, CSOs can

• report potential violations,
• act in cooperation with official authorities,
• and take part in psychosocial support processes for children.

Again, thanks to this emphasis in the law, CSOs can position themselves not as outsiders to the system, but as partners within the system working to realize children’s rights.

This is also in line with Article 19 of the Convention on the Rights of the Child, which states that every child shall be protected from all forms of violence, as well as with relevant General Comments of the UN Committee. For, international standards encourage the involvement of non-governmental organizations and communities in child protection. (see UN General Comment No. 13 (2011); General Comment No. 5 (2003), General Comment No. 12 (2009))

In the second part of the article, we will discuss the reporting responsibility of CSOs in the event of a possible rights violation.