Five Amendments Passed - Children's Rights Dismissed

The reservation put by Turkey on three articles of the United Nations Convention on the Rights of the Child (CRC) have not been lifted in the course of the parliamentary discussions on constitutional amendments. The pro-Kurdish Peace and Democracy Party (BDP) had issued an according proposal to lift the reservations on article 17, 29 and 30 of the CRC which recognize the child's right to be educated in his/her mother tongue.

In the context of the amendment of article 41 of the Constitution on "Protection of the Family", BDP Diyarbakır MP Akın Birdal proposed to add the clause "Conventions on children's rights shall be implemented without reservation". The proposal was rejected. The article was passed through the Turkish Grand National Assembly (TBMM) on 20 April as proposed by the ruling Justice and Development Party (AKP) with 336 to 69 votes.

Five amendments passed through parliament

A total five provisions of the constitutional reform package have passed through parliament (TBMM) so far.

Two articles related to equality and the secrecy of private life were passed with the votes of AKP. MPs of the Republican Peoples Party (CHP), the Democratic Left Party (DSP) and the Peace and Democracy Party (BDP) abstained from voting, MPs of the Nationalist Movement Party (MHP) voted against the proposals.

The first amendment regarding article 10 of the Constitution on "Equality before the Law" was approved by 336 to 70 votes. One vote was invalid.

The amendment orders that measures taken in regard to children, elderly or disabled people, widowed spouses and orphans of people who died in war or on duty and incapacitated people and veterans are not accounted for as contrary to the principle of equality.

The amendment of article 20 on "Privacy of Individual Life" was passed with 337 to 68 votes.

The following provision will be added: ""Everybody has the right to have their personal data protected. This includes the right on information about one's own personal data, access to this data, the request to alter or erase data and to learn whether the data was used according to its purpose. Personal data may only be processed according to the law or with the person's consent".

Freedom of Movement

Article 23 on "Freedom of Residence and Movement" will be amended as follows: "A citizen's freedom to leave the country may be restricted on account of criminal investigation or prosecution and a judicial decision". The amendment was passed with 337 to 71 votes.

Protection of the family and the rights of the child

The heading of article 41 on "Protection of the Family" will include the term "and the Rights of the Child" as well. The article will furthermore be supplemented by the following provision:

"Every child has the right to protection and care and to establish and maintain a personal and direct relationship with her/his mother and father, unless this is clearly against the benefit of the child. The state shall take the necessary measures to protect children against all sorts of child abuse".

336 MPs voted in favour of the amendment, 69 against, two MPs abstained from voting and one vote was invalid.

Labour Union Rights

Article 51 on the "Right to Organize Labour Unions" is going to be amended in order to enable a person to hold membership of more than one labour union at the same time.

The provision passed through parliament with 333 to 70 votes, one MP abstained from voting and one vote was invalid. (TK/VK)