ARTICLE 12 “RESPECT FOR THE VIEWS OF THE CHILD” OF THE CONVENTION ON THE RIGHTS OF THE CHILD: A COMPARATIVE STUDY ON EFFECTIVE LEGISLATION AND ITS EXECUTION IN TURKEY AND SLOVENIA AND RECOMMENDATIONS TO ENHANCE ITS EXECUTION (2017)
The project “Article 12 “Respect for the Views of the Child” of the Convention on the Rights of the Child: A Comparative Study on Effective Legislation and Its Execution in Turkey and Slovenia and Recommendations to Enhance Its Execution” has been accepted and awarded research support within TÜBİTAK’s Bilateral Cooperation Program. The project will last for three years. The project team consists of Prof. Dr. Dr. h.c. Yener Ünver, the project manager, Prof. Dr. Suzana Kraljić , the project manager, and researchers Prof. Dr. Mesut Caşın, Prof. Dr. Özlem Yenerer Çakmut, Assistant Prof. Sevgi Usta, Assistant Prof. Kutluhan Bozkurt, Vesna Rijavec, Tjaša Ivanc, Katja Drnovšek, Borut Holcman, and Tomaž Keresteš.
Article 12, which is the subject area of the project, is a special provision governing the freedom of expression, one of the most valuable principles of democracy. The Convention on the Rights of the Child was ratified by Turkey in 1994. Despite the fact that important steps have been taken to improve its execution across the globe over the past two decades, this article has always been one of the most difficult articles to put into practice. Likewise, in Turkey, Article 12 has also had very limited coverage in the literature, and it has so far been implemented in a very limited field and in a very limited manner. The respect for the view of the child is closely associated with the existence and development of a democratic culture in general, and it is one of the legal prerequisites to protect and act in the best interest of the child. The study aims to identify the current application pertaining to hearing the views of the child, or, in a broader term, assuring that the child participates in all the decisions that have a direct or indirect effect on his/her life within the context of comparative law and implementation doctrine as well as judicial and administrative fields.
The resulting report will contribute to the development of children’s rights and a democratic culture in Turkey. Furthermore, the similarities and differences between countries and collectively developed recommendations pertaining to the application of the stated article will serve as an important resource for practitioners. Moreover, the conclusions and recommendations pertaining to the effective legislation on giving due weight to the views of the child and its execution, will also provide guidance to the executive, legislative, and judicial bodies.
JEAN MONNET PROJECTS (2015)
CONTINUING EDUCATION OF THE TURKISH BAR: THE EU, EU LAW, and ITS PRACTICAL IMPLICATIONS FOR THE TURKISH LEGAL SERVICE SECTOR
The “Continuing Education of the Turkish Bar: The EU, EU law and its practical implications for the Turkish Legal Service Sector” project submitted to the 2013/14 Call for the Erasmus + Programme - Jean Monnet Action has been accepted as one of the few select projects that qualified for research support. The Jean Monnet Actions aim at promoting excellence in teaching and research in the field of European Union studies worldwide. Among the applications submitted by 500 universities and other higher education institutions, “Continuing Education of the Turkish Bar: The EU, EU law, and its practical implications for the Turkish Legal Service Sector” was the only project from Turkey that received research support.
As part of the project, a free 16-hour certification program was offered to the registered attorneys and law apprentices at 10 bar associations in Turkey from March 1, 2015 to December 30, 2015. The bar associations were selected in consideration of their geographical distribution and their total number of members. Training covered the legal regime applicable to attorneys holding an EU citizenship, which allows them to move freely within the borders of the EU and pursue their careers in other member states. The project was undertaken at the training centers of the participating bar associations. In consideration of the busy schedules of attorneys and law apprentices, the 16-hour seminar was spread over four days and the sessions were held after working hours. The project was announced, and the course schedule was prepared by each bar association. Over 500 attorneys and law apprentices registered for the seminars. Participants who attended the seminars regularly were awarded an official certificate of participation at the end of the seminar series. All of the training, accommodation, and travel expenditures were covered by the project budget awarded within the EU Jean Monnet Action, and the participants or the managers of the participating bar associations were not charged any fees over the course of seminars.
The most important goal of the project was to inform the participants about the changes to be brought in by the relevant EU legislation to the careers of legal professionals in Turkey (pertaining to i.e. client representation in the courts of other member states, diploma and title recognition by member states, bar registrations, and starting a law firm in member states) and its practical (and mostly positive) implications on the Turkish legal services sector, in the event of Turkey’s accession to the EU. The project was also intended to contribute to the professional/academic development of our colleagues through a different, yet relevant field.
During the project, the provisions of relevant Turkish laws, in particular the Attorneyship Law No:1136, were compared with the provisions of the EU laws in the context of the EU harmonization process. Accordingly, possible amendments to the laws in effect and different aspects of the EU Law were discussed.
“Lunchbox Seminars on EU Integration”, an educational program that is subsidized by the European Union within the framework of the Erasmus+ Programme, is intended for academicians and students who cannot find an opportunity to engage in extensive discussions about the EU Law and relevant non-legal topics. The project aims to provide participants with information about Turkey’s integration into the EU through a series of seminars organized during lunchtime, and offer insights on the social, personal, political, financial, and legal implications of a prospective membership on our daily lives through a multi-disciplinary approach.
The project was launched in February 9, 2015, and lasted for 24 months. The seminar series featured prominent academics from universities both in Turkey and overseas as well as international organizations, each renowned for their studies in the relevant seminar topics.
“The Continuing Education of the Turkish Bar” project run jointly by the Özyeğin University Faculty of Law and the Union of Turkish Bar Associations under the Jean Monnet Action aimed to train, over a 12-month period, more than 400 attorneys and law apprentices registered in the bar associations in 10 select cities across Turkey regarding the possible practical implications of EU Law on the Turkish Legal Service Sector and the free movement of attorneys within EU Law.
The project is of paramount importance as it is Özyeğin University’s first project that received grant under the EU’s Erasmus+ Jean Monnet Program.
LUNCH-BOX SEMINARS ON EUROPEAN UNION INTEGRATION
'If Turkey joins the EU, it will lose all its power to make decisions about internal affairs', 'The European Union will not be able to survive the present crisis', 'The European Union is a club of Christian countries'..... everyone has their own opinion about the European Union, but how much of our opinion is based on reality? If you would like to find out, and if you would like to discuss your ideas with your fellow students and academic staff, you are invited to participate in the 12-weekly Jean Monnet Lunchbox Seminars on EU Integration, an educational program that is subsidized by the European Union within the framework of the Erasmus+ Programme.
The seminars will take place on the second floor of the Faculty of Law (AB Building, room 486) during regular semester weeks, every Tuesday from 12.40 to 14.40. Expert academics from Turkey and from overseas will lead the seminars; the language of the seminars will be English. Light lunch (simit) will be provided free of charge. Regular participants will receive an official certificate of participation at the end of the semester.