Protection of the child within the framework of guardianship provisions in Turkish civil law

Protection of the child is an essential element of any legal system, including Turkish Civil Law. Turkish Civil Law aims to ensure the well-being of children and protect their rights within the framework of guardianship provisions. In Turkish law, guardianship refers to a legal institution established to protect the rights and interests of minors. The main purpose of the guardianship provisions is to provide suitable conditions for the physical, mental and emotional development of children. In this context, the Turkish Civil Code regulates special rules regarding the appointment and duties of guardians. According to these provisions, it is obligatory to appoint a guardian in cases when the child's parents die, are absent or are unable to fulfill their custody responsibilities. The court is obliged to appoint a guardian, considering the best interests of the child as the most important factor. The duties of guardians encompass a variety of responsibilities, including the child's education, health, property management and representation in legal issues. Guardians are responsible for ensuring the protection, welfare and development of the child by acting in the best interests of the child. In addition, the Turkish Civil Code establishes various mechanisms to control guardianship bodies in order to prevent abuse or neglect of the duties of guardians. The courts have the authority to supervise the guardianship bodies, to intervene when necessary, and even to remove the guardianship if the appointed guardian does not fulfill his duty properly or acts contrary to the best interests of the child. As a result, the protection of the child in Turkish Civil Law is provided in a comprehensive manner within the framework of guardianship provisions. These provisions give priority to the best interests of the child, appoint appropriate guardians and impose obligations on them to protect the child's well-being and rights. In our study titled Protection of the Child in Turkish Civil Law within the Framework of Guardianship Provisions, besides the theoretical information on the issues related to guardianship, the decisions in practice will also be mentioned.