WHO IS THE CHILD?
Article 1 of the United Nations (UN) Convention on the Rights of the Child, which is also ratified by Turkey, defines everyone under the age of 18 as “CHILD”. Although this chronological age criterion set by the UN is seen as an easy and universal method for defining the child, the concept of “Child” is not a concept that can be limited to age. Although many countries, especially many states of the United States of America, legally define children as persons under the age of 18, with the awareness that childhood will not end with the age of 18; determines the age of using and selling substances such as cigarettes and alcohol that may cause physical and psychological harm to children as 21, not 18. This shows us that these countries define everyone under the age of 21 as a child, even though it is not official.
It is not right to limit the definition of who the child is to age anyway. Because children’s physical and mental attainment of a certain competence is not dependent on age. However, we come across such legal definitions as it is necessary to be clear who is the undisputed person who is legally called a child.
Although everyone under the age of 18 is called a child by the UN Convention on the Rights of the Child, exceptions have been made in most countries, especially in Turkey, so that persons under the age of 18 can be considered legally mature. Articles 11 and 12 of the Turkish Civil Code (TMK); It regulates that puberty will begin with the age of 18, and that every child who has reached the age of 15, exceptionally, can be considered legally mature when the application is made by his own request and with the consent of his parents, and the judge accepts and decides. Another exception is marriage. Articles 11 and 124 of the TMK; Although it regulates that the normal age for marriage is 18 years of age, it is exceptionally regulated that a person can get married after reaching the age of 17 or, if there is a special reason, by completing the age of 16 with the permission of the judge, and by marriage, a person can be legally considered an adult out of childhood.
Although different definitions and exceptions are made for children; It is obvious that they are very different from adults in physical, psychological and social aspects and have more diverse health, protection, care and support needs. Although children are seen as the “FUTURE OF SOCIETY” in almost every society, adequate support cannot be provided to them in many issues such as education, care and security, especially health. Although many Non-Governmental Organizations, especially us, have mobilized for children, the States should take “Children’s Rights” as their first priority and make work plans accordingly.
Fatih Can KESEMEN
Attorney at Law
