III. ENSURING NON-DISCRIMINATORY ACCESS TO EDUCATION
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39. The Special Rapporteur deems that the principle of
non-discrimination should constitute the pillar of human rights and education
laws and be integrated into development strategies. Turkey. s
Constitution prohibits discrimination on some grounds, but not on others.
The accompanying provision impeding the bestowal of privileges on the
grounds of sex or language is interpreted as if it constituted an obstacle
to the elimination of discrimination. A mere prohibition of discrimination
cannot remedy the historical heritage of inequality, gender being the
prominent example. Perhaps, as the Special Rapporteur has suggested above,
making international human rights law directly applicable could speed up
and simplify the process of change. Moreover, the existing statistics do
not reveal the nature and scope of discrimination on all prohibited grounds, such as race, ethnic origin, religion or language. Thus, creating rights-based statistics is needed to complement the necessary legal reform so as to ensure the exercise of the right to education without any discrimination. A. Prerequisites for the elimination of discrimination
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40. The opening sentence of Turkey. s initial report under
the Convention on the Rights of the Child emphasized that Turkey is "a
European, Balkan, Caucasian, Middle Eastern, Mediterranean and Black Sea
State all at once". This geographical position has contributed - it still
does - to the diversity of Turkey. s population. It was perhaps to
counter this diversity that a unitary, centralized State structure was
established and a homogenous citizenry envisaged. Formal equality was
coupled with the non-recognition of racial, ethnic, religious or
linguistic diversity. The monocultural definition of nationhood still
impedes resort to terms such as multiculturalism .
41. There are different perceptions of
Turkishness which inevitably influence education. One facet was
reflected in the criminalization of "pointing to differences" amongst
people, such as differences of religion or language or ethnicity. Religion
and language have created the most controversy. People can easily be
bilingual and this constitutes an immense advantage for their education
because bilingualism improves their ability to learn. Nobody can be bi-religious and religion can indeed constitute a divisive rather than unifying influence. International human rights law therefore lays down detailed safeguards for freedom of religion. B. The need to create rights-based statistics
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42. The Education for All (EFA) 2000 Assessment reported
a net enrolment ratio of 87.5 per cent (92.6 per cent for boys and
82.3 per cent for girls). As a consequence of the prolongation of compulsory
education to eight years in 1997, enrolments decreased from the previously
reported 99.8 per cent. For the school year 2000-2001, the Ministry
of Education reported an enrolment ratio of 97.6 per cent in primary
and 59.4 per cent in secondary education. These figures reflect enrolments
recorded at the beginning of the school year. Data on school attendance
have revealed a rate of 91.7 per cent for children aged 6-11, 80.6
per cent for those aged 12-14, and 51.0 per cent for the age group 15-17,
with attendance in all age groups lower for girls. There seem to be no
data on completion rates. Data on school attendance and completion should,
in the Special Rapporteur. s view, be systematically collected and
disseminated.
43. Formally reported enrolment statistics record, as everywhere,
the number of children who are enrolled and are silent on those
who should be in school but are not. Turkey. s initial report under
the Convention on the Rights of the Child acknowledged that there are
"children who do not have an identity card and those who are not
registered on the civil registries". In 1998, 37 per cent of infants and
22 per cent of children up to 4 were not registered at birth. The Common
Country Assessment (CCA) has highlighted the shortcomings: "Precise, continuous and detailed information is necessary for the
successful implementation of laws and policies, but Turkey lacks reliable
information on a number of areas. To begin with, due to the current state
of the birth registration system, the annual number of births is not
known. There is no recording system for disabled children
..." 44. The
registration of all children, often called "the first right", is an indispensable
prerequisite for monitoring the coverage of compulsory education.
Children whose existence may not be legally and statistically confirmed
tend to be deprived of their rights. Moreover, specific features of
each child of particular relevance for the child. s exercise of the
right to education ought to be recorded. Some, such as disability, may
preclude the child from access to school or from successful learning.
Others, such as religion or language, may need accommodation in the best
interest of the child. The Special Rapporteur has consistently held that
the right to education entails adaptation to each child rather than
forcing children to adapt themselves to whatever education may be
provided. Adaptation necessitates translating into reality the principle
of non-discrimination. Thus, the first step towards the ultimate objective
of eliminating discrimination requires identifying the pattern of
discrimination. While the Special Rapporteur was assured by the Ministry
of Education that no discrimination existed in Turkey, she is concerned
that the absence of quantitative and qualitative data may indicate that
the process of exposing and eliminating discrimination has yet to
begin.
45. The 1982 Constitution guaranteed equality before the
law without any discrimination based on "language, race, colour, sex, political
opinion, philosophical belief, religion and sect, or any such considerations".
There are grounds of discrimination that are still not formally
recognized - disability or ethnic origin or minority status - after
the series of constitutional amendments. Regarding disability, the Constitution
has stipulated that "those in need of special training" shall be
rehabilitated "so as to render such people useful to society". In 1983, legislation
on children with special educational needs was adopted; it was altered
in 1997. Turkey. s initial report under the Convention on the
Rights of the Child noted that "the services are not systematic or
sufficient", adding that there was no legislation, as yet, on the
elimination of discrimination. Children with disabilities may represent
about 12 per cent of the relevant age group, but education statistics
refer only to the 0.3 per cent who are attending special or mainstream
schools.
46. Even for those grounds of discrimination that are
formally prohibited, it is impossible to discern how this is translated
into practice because of the absence of quantitative and qualitative data.
The Special Rapporteur thus recommends that creating rights-based
statistics be accorded priority. The NPAA has acknowledged that "there is
no provision within Turkish legislation specifically relating to
statistics". Creating rights-based statistics for education could
constitute the first step towards translating the human rights commitments
into indicators.
C. Girls and women
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47. Gender vividly illustrates the necessity of
moving from the prohibition of discrimination towards its elimination. The
Special Rapporteur heard numerous times that discrimination against girls
and women was prohibited in Turkey. A mere prohibition of discrimination
was often deemed to constitute full compliance with governmental human
rights obligations. The prohibition on bestowing privilege upon somebody on the
grounds of, inter alia, sex, is seen to preclude measures which
are necessary to eliminate gender discrimination. This testifies to the need
for human rights education, in the narrowest sense
of this word, in order to clarify the difference between prohibition
and elimination of discrimination. The lead has been
provided by the United Nations Development Assistance
Framework (UNDAF) 2001-2005, which has thus summarized the nature of
gender discrimination: "Notwithstanding their legal rights, Turkish women are not able to
enjoy de facto equal rights in political participation, particularly in
access to decision-making positions; nor is there access to economic
resources, including capital investment, at par with men, particularly in
rural areas. Both economic factors and the socio-cultural structure
support and perpetuate gender inequality and
discrimination."
48. Eliminating many facets of gender discrimination in the
written and unwritten law should, in the view of the Special Rapporteur, constitute
a priority. The Constitution classifies women, together with
children and the disabled, as categories to be "protected by special provisions
as to their working conditions". Gender bias is also reflected in Turkey. s initial report under the Convention
on the Rights of the Child. The reference to imprisonment (four
to eight years) for mothers who kill their children born out
of wedlock is accompanied by a suggestion that
the penalty should be increased. Children born out of wedlock cannot
obtain their father. s surname and have legal
rights only with respect to their mother
and her family. No change of such openly discriminatory laws
seems imminent.
49. The minimum age for marriage was recently raised
to 17 for both sexes. Effective implementation of this legislative change
necessitates remedying the paucity of information on the translation of
law into practice. Little information was found on the numbers of girls who married at 14 or earlier, although that
had been outlawed. Fragmentary surveys showed that up to 15 per
cent of children might have been born to child-mothers, varying between
and within regions and even within large cities.
Arranged marriages may still be widespread (67.8 per cent of marriages
were arranged in 1993) and the wishes of
the family may continue moulding girls. lives,
impeding their school attendance if they cannot obtain permission from
the family.
50. Virginity testing of students in nursing schools was
demanded in August 2001 by the Minister of Health, Osman Durmus. Sexual
intercourse was apparently treated as a disciplinary offence entailing expulsion and the
defence against that accusation was to submit to a virginity test.
Turkey. s Criminal Code differentiates between cases of sexual assault depending
on the virginity of the victim. "Violation of
virginity" is a much more serious offence than raping a girl
or a woman who was not a virgin
when raped. Moreover, rape is not an
offence against the victim herself but against general morality and
family order.
51. Such discriminatory laws and practices highlight the
necessity for prioritizing gender equality as a key cross-sectoral issue,
spanning legal and economic reform, as well as public education. Turkey. s
adjustment to European Community law will require progress in work-related rights
(such as paid maternity leave or equal social security treatment), but
these will benefit only a small proportion of
formally employed women, leaving the vast majority with the heritage of
gender discrimination, which needs to be tackled. The
many facets of gender discrimination, as the
Special Rapporteur has already stated, need addressing as a matter
of priority. IV. SAFEGUARDS FOR THE ACCEPTABILITY OF EDUCATION
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52. Acceptability of education raises some of the most controversial issues that were brought to the Special Rapporteur. s attention during her mission. Adapting education to international human rights requirements necessitates a careful examination of the constitutional and legal framework. Some of it was laid down in the period 1924-1934, by far predating international human rights law. A. Balancing national security and human rights considerations
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53. The importance of the military is visible in Ankara. Inonu Avenue covers one whole hill, starting with the Grand National Assembly buildings and ending with Atatürk. s Mausoleum; there are countless military buildings in between. The Special Rapporteur was told many times that all public opinion surveys affirmed the military as the most respected institution in the country.
54. The assumption that civilian government exercises full
control over the entire military establishment is routinely taken as the
bedrock of human rights safeguards. Today. s Turkey has, however,
inherited a highly centralized (and until recently militarized) State
structure. The father of modern Turkey, Kemal Atatürk, had been a soldier,
as have been the majority of his successors. Three periods of military
rule, in 1960-61, 1971-73 and 1980-83, have reinforced the status of the armed forces, as did "the soft coup" in 1997. The army is represented on the National Security Council, whose mandate reaches deeply into education, the teaching of and in foreign languages or the length of compulsory schooling. Its views may formally be non-binding, but their influence on governmental policy and practice in education is visible.
55. An illustrative example is a 1998 case before Turkey.
s Constitutional Court concerning the banning of the Welfare Party
(Refah Partisi). The prosecutor emphasized the opposition of Refah Partisi
to a resolution of the National Security Council concerning the closure of religious secondary schools; the defence counsel opined that resolutions of the National Security Council were not binding. As that resolution of the National Security Council apparently became government policy, arguments by the defence counsel did not carry weight. Refah Partisi was dissolved; religious schools were limited in number.
56. The extension of compulsory education in 1997
from five to eight years, hailed for its aim of improving the level of
education for all children, was also seen as reinforcement of secular at
the expense of religious education. Television journalist Ferhat Boratav saw this change as having originated from the National Security Council "as a basic precaution against the Islamists", so that children would be in public secular schools until the age of 15. Heinz Kramer commented that "the introduction of an uninterrupted eight-year compulsory education [aimed to] dissolve the religious junior high schools". B. Discriminatory gender impact of headscarves-based exclusions
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57. The two faces of Turkey are illustrated by the Government. s
commitment to secularism, on the one hand, and by the usual results
of surveys that portray the vast majority of the population as Muslim,
on the other hand. The commitment to secularism in education brought
about a ban on the wearing of headscarves, whose breach entails denial
of access to education or expulsion. Turkey. s Constitutional Court
found in 1998 that headscarves should not be allowed as this "might
adversely affect the public security and unity of the nation because the
headscarf or turban shows who belongs to which religion". Hasan Celal Guzel, a former Minister of Education,
was imprisoned for having objected to the exclusion of girls and women from education
because of their headscarves. Mass dismissals of university teachers and students for
wearing or supporting the wearing of headscarves occurred in 1998 and 1999, affecting up to 30,000 students and teachers. Numerous recent cases were brought to the attention of the Special Rapporteur. She is concerned about the absence of the crucial part of human rights arguments in this controversy, namely the effect that the ban on headscarves has on girls and women.
58. The ILO has associated headscarf-related restrictions and expulsions with girls. and women. s unequal access to education, requesting the Government of Turkey to indicate the measures it has undertaken to ensure that such restrictions do not affect the equal right to educational opportunities of Muslim women: "The potential discriminatory effect of the ban on headscarves takes on particular
significance when viewed in the light of information supplied by
the Government indicating that women. s level of education is very low
in Turkey (one out of every two women jobseekers has only a primary school
education), as is their level of participation in the
workforce." 59. Inequality in educational attainment, with female illiteracy exceeding male by almost four times, has been highlighted by the ILO as the yardstick for assessing the discriminatory impact of the ban on headscarves. In 1999, labour force participation was 68.3 per cent for men and 29.7 for women, while 32 per cent of girls aged 7-13 were not enrolled in school (compared with 17 per cent of boys) in 1997. Indeed, as the Special Rapporteur has emphasized many times, education is a multiplier: it enhances other rights and freedoms when effectively guaranteed, while jeopardizing them all - especially those related to employment and self-employment - when it is denied or restricted. C. A human rights framework for contentions surrounding language [ Go to Contents ] 60. A huge obstacle to discussing language from the human rights viewpoint is the automatic labels derived from particular political agendas. Thus, advocacy for mother-tongue education is inevitably ascribed to being pro-Kurdish, although more than 30 languages are spoken in Turkey. A great deal of publicity about Kurds has directed the international spotlight in that direction. There is conspicuous silence about the Roma, except, for example, when pejorative references to "nomadic gypsies" have had to be eliminated from school textbooks. The mention of mother-tongue education is further seen as jeopardizing territorial integrity, which removes the subject matter from the realm of education to that of national security. Seeing multilingualism as an asset rather than a threat raises eyebrows. 1. Mother tongue and the best interests of the child [ Go to Contents ] 61. The term Turk refers to all citizens of Turkey without distinction as to ethnic origin, race, religion, or language. Turkish is the mother tongue of the majority; others speak Kurdish, Armenian, Arabic, Greek, Roma or one of the other 30 or so languages that are estimated to be spoken in Turkey. An excerpt from a study of obstacles to the elimination of child labour in Turkish highlights inadequate knowledge of Turkish as an obstacle to children. s exercise of their right to education: "[M]any of the children of migrants do not speak Turkish fluently, Turkish being their second language. Hence, these children are very likely to struggle to keep pace in reading and writing exercises and eventually to drag behind the class, falling out of favour with the teachers and finally dropping out of school. The children corroborated this observation when we talked about their school experiences and reasons for dropping out of school. One solution to this problem is opening pre-school classes, especially in neighbourhoods where there are migrant households whose native language is not Turkish." 62. From the findings of this study, one can easily perceive the wisdom of the Convention on the Rights of the Child, which has posited mother-tongue education as the best entry for any child into the system of education, whatever the language of instruction may be. The Special Rapporteur recommends that the principle of the best interests of the child be applied. There is support for such an approach in the new principles for education, which posit that "differences between students shall be taken into account" as well as mandating, as the first priority, "learning how to learn". Eliminating linguistic obstacles by providing mother-tongue education so that every child can learn how to learn in a familiar language would represent translation of these new principles for education into practice. 2. The teaching and learning of languages [ Go to Contents ] 63. There are an estimated 9 to 15 million Kurds in Turkey. The estimates vary because Kurds are not recognized, even less counted. There are restrictions on the use of their language, and giving Kurdish names to children has been banned. About half of the Kurds in Turkey live in their traditional homeland in the south-east, the other half having migrated to the industrial cities of Turkey or abroad. Representatives of the Government of Turkey have routinely attributed human rights problems to terrorism, blamed on the Kurdistan Workers. Party (PKK), thereby legitimizing the Government. s response as suppression of terrorism. The spectacular capture and subsequent trial of Abdullah Ocalan raised hopes that "terrorism" would be deleted from the political and legal vocabulary, but the aftermath to 11 September seems to have revived its use, as well as fears that the term would be abused to justify denials, violations and limitations of human rights. 64. Kurds are not recognized as a minority. Indeed, the use of the term "Kurdish" in the official discourse is novel. The vocabulary used to vary between "terrorism", "separatism", "eastern problem" or "south-eastern Anatolia problem", or else "south-eastern citizens" when referring to Kurds without naming them. In its concluding observations of June 2001, the Committee on the Rights of the Child expressed its concern that "the reservations made by the State party under articles 17, 29 and 30 of the Convention in some cases, in particular in the fields of education, freedom of expression and the right to enjoy one. s own culture and use one. s own language, may have a negative impact on children belonging to ethnic groups which are not recognized as minorities under the Treaty of Lausanne, in particular children of Kurdish origin". 65. The language of instruction was thus determined by the 1982 Constitution: "No language other than Turkish shall be taught as mother tongue to Turkish citizens at any institutions of training or education." The teaching and learning of foreign languages has in the meantime become a praiseworthy symbol of change. The Ministry of National Education reported in November 2001: "From the 1997-1998 academic year onwards, a weekly two-hour foreign language course has become obligatory, and a second foreign language for the fourth and the upper primary classes has been included among the selective courses." 66. The exception to introducing the teaching and learning of foreign languages is Kurdish. On 8 February 2002, the Special Rapporteur met a group of university students who informed her about the ongoing suppression of attempts to introduce Kurdish as an elective foreign-language course at the university. While it was possible to study Hungarian three hours per week, petitions to the university authorities to introduce Kurdish as a foreign language were rejected. The petitions were reportedly signed by 15,000 students at 35 universities. Apparently, personal details about petitioners were forwarded by the university authorities to the law enforcement bodies, leading to arrests on the grounds of "membership in, or support for an illegal separatist organization". 67. Removal of the issue of teaching and learning foreign languages from academic decision-making to the jurisdiction of State Security Courts (which are adjudicating cases of support for illegal organizations) highlights a much deeper problem. The boundaries between national security and education are apparently fluid and issues that pertain to education can be decided on national-security grounds rather than on their educational merits. One could imagine that languages other than Kurdish would not have triggered a threat to national security, but one cannot be sure. The consequence is self-censorship so as not to risk crossing that fluid boundary, or taking a risk - as is typical for students worldwide - with the likelihood of victimization. 68. The Special Rapporteur is deeply concerned about the fate of many students and professors supportive of the introduction of Kurdish as an optional foreign-language course. She hopes that the Government will as rapidly as possible alleviate her concerns by providing her with all available information about its response to this student initiative. V. Adapting education to human rights requirements [ Go to Contents ] 69. To the Special Rapporteur. s deep regret, her request for a meeting with the Higher Education Council was rejected. She wished to discuss the prospects for introducing human rights safeguards for academic freedom in Turkey. Human Rights Watch has highlighted education-specific human rights problems, especially the need to study "how the Higher Education Council, a creature of the 1980 military junta, restricts academic freedom". Indeed, article 130 of Turkey. s Constitution affirms that universities are "under the control and supervision of the State", adding that "this shall not include the liberty to engage in activities directed against the existence and independence of the State, and against the integrity and indivisibility of the Nation and the Country". The Special Rapporteur hopes that the issue of academic freedom will form part of the follow-up to her mission to Turkey. 70. The process of changing the orientation and contents of education in accordance with human rights requirements is taking place throughout the world. Progressive realization of human rights is evidenced in revisions of educational curricula and textbooks. The historical heritage reflected therein is being reviewed using a human rights yardstick. In Turkey, the founding principles of the 1920s for education have not been examined through the human rights lens. They are reiterated as the pillar of education. Human rights courses are added to various parts of the curriculum. The Special Rapporteur was informed about a range of initiatives and projects for reviewing school textbooks. It seems useful to the Special Rapporteur to carry out a survey of ongoing projects so as to avoid duplication. Moreover, different definitions of "human rights" seem to be applied. Hence, adherence to the universality of human rights and to international human rights requirements seems particularly pertinent. A. School curricula and textbooks [ Go to Contents ] 71. The 1982 Constitution laid down specific provisions on the values which education should - and should not - espouse. Its article 42 stipulates that education should be "in line with the principles and reforms of Atatürk". This thrust has not been altered. Turkey. s 2000 Education for All Assessment repeated this orientation, pointing out as the key duty of the Ministry of Education that of "raising citizens loyal to Atatürk. s reforms and principles and Atatürk nationalism". This begins in pre-school education, whose emphasis includes "Türkiye the motherland, Turkish nation, Atatürk". In December 2000 the Ministry of Education provided the following guidance in relation to school textbooks: "In the preparation and implementation of textbooks in our education system of all grades and types and in all educational activities, Atatürk. s Reforms and Principles and Atatürk Nationalism as expressed in the Constitution shall be taken as the basis. Importance is attributed to protecting, developing and teaching the authentic national morality and culture without corruption within the universal culture. ... [P]olitical and ideological provocations against Atatürk nationalism as expressed in the Constitution and participation in daily political affairs and discussions of this kind shall never be allowed." It is difficult to understand what the reference to "corruption within the universal culture" could mean and what implications it could have for the universality of human rights. Banning "political and ideological provocations against Atatürk nationalism" also does not yield itself to easy comprehension; this restriction may well constrain the freedom to articulate different visions of history and the future. The Special Rapporteur has emphasized many times the need to apply the human rights approach in addressing controversies relating to the content of school textbooks. 72. Turkey. s geographical location is reflected in a curriculum which is formally based on nationalism and patriotism and also encompasses national security. The background is a history of troubled relations with seven of Turkey. s nine immediate neighbours. History is an immensely controversial subject matter. Outside Turkey, metz yeghern, the genocide of at least 1 million Armenians in 1915-1916, at the end of the Ottoman Empire, was characterized as genocide in a 1985 report to the Sub-Commission. It was also subsequently declared by some Governments to have amounted to genocide. In Turkey, denial prevails. It is difficult for outsiders to understand how revisiting historical events that occurred 90 years ago could be deemed a threat to national security. The Special Rapporteur was therefore pleased to hear about an initiative in the context of the Stability Pact to revisit history textbooks. B. Out-of-school education: restrictions on public debate [ Go to Contents ] 73. The enumeration of fundamental rights and freedoms in the Constitution is prefaced by two sets of limitations and restrictions, both of which were amended in October 2001. There is a listing of grounds for their restriction followed by the prohibition of the abuse of rights. This complex constitutional scheme requires a careful examination of the interpretation and application of all these restrictions in order to determine the nature and scope of rights and freedoms that are effectively recognized. The thrust of the Constitution was thus described by Fazil Saglam: "The 1982 Constitution was designed fundamentally as one that gives the priority to the state vis-à-vis the individual and the public interest vis-à-vis the freedoms. ... The 1982 Constitution is one that has chosen to fulfil the quest for a strong State and a strong executive via restricting as much as practicable the safeguards for fundamental rights and freedoms." 74.This has particularly affected freedom of political organizing, with political parties of diverse orientations, from Communist to Islamist, having been banned. Indeed, at least one political party has been banned every year since 1983, 21 altogether. The banning of all major political parties and their leaders in the aftermath of the military coup in 1980 could not have led to a well-functioning political system. 75. Moreover, there is an abyss between the number of human rights education programmes that focus on the prevention of torture and restrictions on tackling torture in Turkey. The Parliament. s Human Rights Commission attempted to cast light on the prevalence and incidence of torture in Turkey. Its (former) chairperson, Sema Piskinsut, shared the fate of many human rights defenders. 76. In its first annual human rights report in 1991, the Human Rights Foundation of Turkey expressed the hope that "as a result of the struggle for human rights, it might become unnecessary to report human rights violations in the future". This hope has been undermined by subsequent developments. Not only has the workload of human rights organizations increased, the nature of their work has made them a frequent target of repression. The Working Group on Disappearances called upon the Government to take appropriate measures to give the human rights organization sufficient guarantees for the performance of their activities. 77.The Special Rapporteur was surprised by the cleavage between the enhancement of human rights education, on the one hand, and restrictions on applied human rights education, targeted at tackling human rights problems in Turkey. She is therefore recommending that human rights education be moulded to reflect the real situation in Turkey. 78.The adoption of the law on police education on 25 April 2001 anticipated broadening human rights training, which was started, inter alia, in Ankara. s police stations. The Special Rapporteur was particularly interested in the child-rights components of such training and the effects these have had on the treatment of children by the police. To her deep regret, her request to visit police stations where human rights education is provided was rejected by the Government. 79. The new vocabulary that followed the ratification of the Convention on the Rights of the Child is often applied to pre-child-rights approaches, which treat children as objects of decisions made by adults rather than subjects of rights. The novel rights of the child approach has brought to light the prevalence of methods of upbringing that rely on disciplining , instilling obedience through fear of physical abuse. The Special Rapporteur on torture noted that torture had a social basis as "beating and similar measures are used as a means of correction and discipline within the family, at school and during military service". Similarly, corporal punishment of children in school is associated with the heritage of their being beaten outside school by their own parents or the police. 80. Regardless of its formal prohibition, corporal punishment is reportedly used in Turkish schools. The scope of its use, its effects and impact on children are not known, because information is not collected. The Special Rapporteur recommends that the prevalence and incidence of corporal punishment be monitored so that effective measures for its elimination could be designed. C. Human rights through education [ Go to Contents ] 81. The necessity of adapting education to the exercise of all human rights and fundamental freedoms is exemplified by the paradox of child labour alongside graduate unemployment. Children have to work while those who have finished their schooling cannot find work because there is a mismatch between the realms of education and work. The linkage between education and work has been reinforced by moulding education strategies, internationally and domestically, towards poverty eradication. 82. The process of impoverishment has encompassed Turkey’s middle class, not only the poor. Mass redundancies in the private sector and lay-offs in the public sector were estimated at 600,000 towards the end of 2001. The numbers are growing. A stroll through Ankara reveals "working street children", a term which denotes one facet of the reality of child labour. Children are working on the street, selling paper tissues (or even themselves) because their families need the income that children can thus generate or because children simply have to fend for themselves. The Special Rapporteur was surprised at the number of girls she saw amongst "working street children", a phenomenon that is apparently new. 83. In the initial report of Turkey under the Convention on the Rights of Child three different minimum ages for employment were cited - 15, 13 and 12. It was also stated that "efforts are under way to deal with such discrepancies". In its NPAA, Turkey has committed itself to amending its labour law in order to "strictly prohibit the employment of children under the age of 15". This is also required of Turkey by its becoming a party to ILO Convention 182 on the Elimination of the Worst Forms of Child Labour in January 2001. The 1999 Child Labour Survey pointed out that about 60 per cent of children do not work, 10 per cent work outside the home and the rest do unpaid work within their family. The two most frequently cited reasons for not going to school were the lack of interest in schooling and inability to afford it. 84. Perhaps the children’s lack of interest in schooling is related to their knowledge that finishing school may not lead to securing a livelihood. Paradoxically, the current economic crisis has aggravated unemployment amongst educated youth. The European Commission has noted that "unemployment is significantly higher in urban areas and among high school graduates". The Government’s report under the Convention on the Rights of the Child put unemployment "among the educated groups" at 27 per cent for men and 36 per cent for women in 1996. The situation has reportedly worsened in the meantime, but there are no comprehensive plans to remould education in order to provide better income-generating opportunities for school-leavers. There is an abyss between formal schooling and the bulk of income-generating opportunities in micro- and family enterprises, while the vast informal sector remains a big unknown. 85. Forging a vision of long-term development could constitute a principal post-crisis step. A participatory public debate about a model of development is likely to point to right-based education as its backbone. The large proportion of children and youth in Turkey points in that direction, as does the necessity of tackling graduate unemployment. The Special Rapporteur deems that a participatory process of defining a long-term vision of education could trigger a change. The connections between in-school and out-of-school education also reveal the need gradually to integrate human rights into the aims and purposes of education. This would also constitute an opportunity for facilitating the necessary human rights adjustments through broadening Turkey’s commitment to international human rights law by ratifying all international human rights treaties, lifting reservations and making international human rights law directly applicable. |