Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries

The legal representation of unaccompanied minors who are not being cared for by their parents or any other adult stands out as one of the main global problems. These children are under no one’s custody and need representatives who will represent them in all legal proceedings, especially during the a...

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Main Author: Hümeyra Zeynep Nalçacıoğlu Erden
Format: Article
Language:English
Published: Istanbul University Press 2023-06-01
Series:Public and Private International Law Bulletin
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/6B4427BC595747F4BB3EEB2987CFF99D
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author Hümeyra Zeynep Nalçacıoğlu Erden
author_facet Hümeyra Zeynep Nalçacıoğlu Erden
author_sort Hümeyra Zeynep Nalçacıoğlu Erden
collection DOAJ
description The legal representation of unaccompanied minors who are not being cared for by their parents or any other adult stands out as one of the main global problems. These children are under no one’s custody and need representatives who will represent them in all legal proceedings, especially during the asylum process, who will take primary responsibility for their shelter, education, and development, and who will ensure that decisions regarding the child are applied in accordance with the child’s best interests. In line with states’ obligations arising from the Convention on the Rights of the Child, they are responsible for resolving the legal representation of unaccompanied children either by helping children adapt to the current national legislation or by enacting new regulations specific to unaccompanied minors. The legal representation of unaccompanied minors, whose number is also increasing in Türkiye, is mainly carried out within the framework of the Turkish Civil Code and the Child Protection Law. This study will examine the legal representation of unaccompanied minors in Türkiye through examples given from current legislation and practice, including those in selected European countries, and will present recommended solutions.
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spelling doaj-art-e7e21cd5c92946ffaa77a428f0b050b82025-08-20T02:27:05ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142023-06-01431378310.26650/ppil.2023.43.1.1176105123456Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European CountriesHümeyra Zeynep Nalçacıoğlu Erden0https://orcid.org/0000-0002-3144-4259İstanbul 29 Mayıs Üniversitesi, İstanbul, TürkiyeThe legal representation of unaccompanied minors who are not being cared for by their parents or any other adult stands out as one of the main global problems. These children are under no one’s custody and need representatives who will represent them in all legal proceedings, especially during the asylum process, who will take primary responsibility for their shelter, education, and development, and who will ensure that decisions regarding the child are applied in accordance with the child’s best interests. In line with states’ obligations arising from the Convention on the Rights of the Child, they are responsible for resolving the legal representation of unaccompanied children either by helping children adapt to the current national legislation or by enacting new regulations specific to unaccompanied minors. The legal representation of unaccompanied minors, whose number is also increasing in Türkiye, is mainly carried out within the framework of the Turkish Civil Code and the Child Protection Law. This study will examine the legal representation of unaccompanied minors in Türkiye through examples given from current legislation and practice, including those in selected European countries, and will present recommended solutions.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/6B4427BC595747F4BB3EEB2987CFF99Dunaccompanied childrenunaccompanied minorsunaccompanied refugee childrenlegal representationguardianshipguardiancuratorship
spellingShingle Hümeyra Zeynep Nalçacıoğlu Erden
Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries
Public and Private International Law Bulletin
unaccompanied children
unaccompanied minors
unaccompanied refugee children
legal representation
guardianship
guardian
curatorship
title Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries
title_full Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries
title_fullStr Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries
title_full_unstemmed Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries
title_short Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries
title_sort legal representation of unaccompanied minors an assessment in terms of turkiye and selected european countries
topic unaccompanied children
unaccompanied minors
unaccompanied refugee children
legal representation
guardianship
guardian
curatorship
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/6B4427BC595747F4BB3EEB2987CFF99D
work_keys_str_mv AT humeyrazeynepnalcacıogluerden legalrepresentationofunaccompaniedminorsanassessmentintermsofturkiyeandselectedeuropeancountries