Master'sOpen Access

Social security of female children in social insurance policy

2007
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Advisor: Prof. Dr. Hamdi Mollamahmutoğlu

Abstract (EN)

Child has been an entity that the societies are interested in since the oldages. However, the quality, scope and the form of this interest has shownvarieties in historical development. These varieties are dependant on thesocial and cultural development of the societies, their organizational modelsand the conditions of dominance in these societies. In terms of anyrelationship that could be the interest of the child, it was natural that theinterests of the parents, the family and the other people whose benefits couldbe affected indirectly be more significant than that of the child?s and even itwas natural that the child?s interests not be taken into consideration. When achange has occurred in the sense that the family lost its functions and, on thecontrary, the government gained strength before the family, the governmenthas had the opportunity to control the family. When the government hasstarted to inspect the family, the societal interest has focused on theprotection of the child.The infinite sovereignty of the head of the family on the child hasgradually turned into a responsibility of care and protection. Throughout thetime the government has started an active inspection in order that thisresponsibility to be fulfilled. Thus, the interests of the child in the legislationsconcerning the child problem have gained a great significant by leaving allthe probable interests and benefits aside. There has been a connectionbetween the role of law that is no longer a series of rules that protect the rightof the powerful, but is getting involved in the problems of the people thatneed to be protected, and the legislations focusing on the protection and thesecurity of the child.In scope of legal perspective, concern on the children?s rights started inthe New Age. The humanistic thoughts and understanding of natural law thathad spread since the Middle Ages in the Western countries and the FrenchRevolution of 1789, have been effective on the acceptance of the protectionof the children by the masses.There are many clauses regarding the children?s rights not only the ininternational but also in the national legislation. The Constitution, being thefirst, there are certain rules concerning children in many other laws.It has been observed that children have a different status in terms ofsocial security. Both in the premium and the non-premium systems theamendments aim to meet the need of the children since they need moreprotection than the adults.In the social security system, which is accepted as the premium regime,this assurance was provided by three main organizations. Retirement Fund,Social Security Organization and Bag-Kur had been organizedindependently. Therefore, there had been varieties among these threeorganizations and in scope of law regarding the rights of the children,especially the girls.In order to standardize the norms whose necessity has been known anddiscussed for many years, these three organizations have been united andrestructured in scope of a single law. All the discussions have been broughtto an end by the Law 5510, dated 31.05.2006, regarding the Social Securityand General Health Security. However, with the cancellation announced bythe Constitution Court, public officers who were subject to Retirement FundLaw numbered 5434 were no longer included by the Law numbered 5510.Therefore, the union of norms and standarts could not be founded.

Author

Dr. Vechiye Nuray Cumalıoğlu

How to Cite

Vechiye Nuray Cumalıoğlu (Master Thesis). Social security of female children in social insurance policy, 2007, Gazi University.

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