The constitutional basis of reporting on children and of the harmful publications legislation is in this article. The two paragraphs added by the 2010 amendment made the child directly a subject of rights.
The Text of the Article
The family is the foundation of Turkish society and rests on equality between the spouses. (The phrase "and rests on equality between the spouses" was added by Art. 17 of Law No. 4709 of 3/10/2001.)
The State takes the necessary measures and establishes the organisation to ensure the peace and welfare of the family, and in particular the protection of the mother and children and the teaching and application of family planning.
(Added paragraph: 7/5/2010-5982/4) Every child has the right to protection and care and, unless it is clearly contrary to their best interests, the right to establish and maintain a personal and direct relationship with their mother and father.
(Added paragraph: 7/5/2010-5982/4) The State takes measures protecting children against all kinds of abuse and violence.
Three Concepts for Reporting
| Concept | Its counterpart in the text | Its meaning in reporting |
|---|---|---|
| The best interests of the child | "unless it is clearly contrary to their best interests" | The effect of the news on the child is weighed before its news value |
| Protection against abuse | "against all kinds of abuse and violence" | Protecting the identity and image of a child victim |
| The State's positive obligation | "takes protective measures" | The power to make protective arrangements in the field of publishing |
Its Counterparts in Statute
- Law No. 1117 on the Protection of Minors from Harmful Publications - the board, examination and measures regime for publications having a harmful effect on the morals of minors.
- Law No. 6112 - the protective symbol system in broadcasting services and the broadcasting service principles on the protection of children.
- The Press Law - the limits on disclosing the identity of minors.
We cover the broadcasting side in the RTUK guide.
Its Balance with Press Freedom
Among the grounds of limitation in Art. 26/2 is "protecting the reputation or rights and the private and family life of others". Art. 41, in turn, shows the constitutional weight of that ground as regards children.
Summary
Art. 41 of the Constitution places on the State the obligation to take the necessary measures for the protection of the mother and children. The paragraphs added in 2010 granted every child the right to protection and care and gave the State the duty of taking protective measures against all kinds of abuse and violence. That is the constitutional ground of the limitations relating to reporting on children.