Child specific security measures in the turkish justice system

Today, in many developed countries, the struggle against juvenile delinquency is carried out through juvenile criminal justice systems that prioritize alternative practices to punishment instead of punishment, taking into account the best interests of the child on the basis of improvement, correction and protection.In Turkey, the Child Protection Law was adopted in 2005 in order to meet the justice and security needs of society by creating mechanisms that prioritize the best interests of the child. In line with this purpose,measures specific to children have been introduced in our juvenile justice system under the name of child-specific security measures, which will be applied instead of penalty to children who are dragged into crime and who are not criminally responsible. However, the fact that the applicability of these measures is limited only to a certain group of children who are dragged into crime and that other children dragged into crime who are accepted to be criminally responsible are excluded from the application area of these measures constitutes the main focus of this thesis. The fact that these measures should be applicable to children dragged to crime who are criminally responsible under certain conditions will be examined in detail in the light of the information in the literature, international principles and conventions, national laws, regulations and high court decisions, the approaches to juvenile criminal justice in European countries and the decisions of the European Court of Human Rights on Turkish juvenile justice. The methods of combating the drifting of children towards crime in European juvenile criminal justice and examples of child-specific alternative punishment practices will be presented, as well as regulations that can be harmonized with Turkish juvenile criminal justice. Finally, the principles criticized by the European Court of Human Rights in its judgments on Turkey regarding Turkish juvenile criminal justice will be examined, In the discussion and conclusion section, on the basis of child-specific security measures, firstly, the problems in Turkish juvenile criminal justice will be pointed out and solution suggestions will be made, and then the alternative to punishment regulations used in Europe in the fight against children being dragged into crime will be expressed, which can be harmonized with Turkish Juvenile Criminal Justice