1- THE REGULATION OF TOYS
The Regulation of Toys report prepared by Ministry of Health was published on Official Gazette dated 17 May 2002 with no: 24758.
This regulation was based on, within the adapted legislation, the Instruction of Council (88/378/CEE) dated 3 May 1988 regarding the adjustment of Member Countries Legislations on Safety of Toys and the Instruction of Council dated 22 July 1993 and with number 93/68 EEC revision of Council Instruction (88/378/CEE) dated 3 May 1998 regarding the adjustment of Member Countries Legislation on the safety of toys.
The purpose of this regulation is to determine the design, production, supply and delivery of toys and the rules and principles of market control and protection. This regulation covers all toys (apart from those stated in Appendix-1) and individuals and institutions active in this field.
1.1. 1.1. PRODUCTS UNACCEPTED AS TOYS
The regulation states the products not considered to be toys in the table prepared as Appendix 1. Among these products are air pistols and riffles, fireworks including exclusive capsules apart from those designed for toys (excluding those meeting guidelines and rifle capsules used in toys which are regulated under more stringent regulations), slingshots and the like, arrow sets with metallic lead, electrical ovens, irons and other functional products working with more than 24 volts, products including heating pieces produced for use under the control of an adult within an education program, and video games installed into a video working with more than 24 volts. Imitations which bear a close likeness to original firearms are considered toys.
1.2. DESCRIPTIONS
According to the descriptions on article 4 of the regulation;
Toy: All kind of products designed and produced for use in the games of children under the age of 14, along with playing tools.
Essential requirements: The minimum safety measurements that toys need to have to protect the environment, consumers, the life and health of animals and plants and peoples health and life and possessions.
Producer: Individuals and Institutions calling themselves producers by producing and improving toys or giving their names and commercial trademarks to the product. In the event of the producer being outside Turkey, the representative and/or importer authorized by the producer and individuals and institutions that affect the safety of the product, and take part in the procurement of the product is referred to as the producer.
Distributor: Individuals and institutions who carry out the procurement of the product and do not affect the safety of product.
Advisory Commission: The advisory commission that the Ministry can form about toys and their standards when needed.
Evaluation of compliance: All kind of activities regarding the testing, checking and certification of toys in accordance with this regulation.
Typological Examination: The process of certificating and examining the toy sample in accordance with the standards set out in Appendix-II by the approved institution.
CE compliance Mark: The mark that shows the producer has fulfilled the responsibilities stated in this regulation and has gone through all the related suitability procedure.
Certificate of Typological Examination: The certificate given by the approved institution to producer to show that the product is complies with this regulation.
1.3. ESSENTIAL REQUIREMENTS FOR TOYS AND THEIR SUPPLY TO MARKET
Article 5 of the second part of the regulation states that toys produced which take account of the normal behaviour of children, and are used for that purpose and which do not pose any threat the safety and health of children or others and the environment can be supplied to the market. Further, a toy supplied to the market needs to meet the requirements determined by the regulation regarding the expected time period and its usage purpose.
Toys with the CE mark, according to article 9 of the regulation, will be considered to comply with the regulation including the compliance evaluation process. Further, toys produced in compliance with the adaptation standards regarding toys included in this regulation will be considered to comply with the essential requirements stated in Appendix II.
The regulation Appendix-II is entitled as Essential Requirements for Toys. According to the General Principles determined in article 6 of the Regulation, in the event of appropriate usage of toys produced with consideration to the normal behaviour of children, along with users other people should also be protected against the diseases or risks of physical injury. These risks are specified as risks concerning the design, production and composition of the toy and risks which cannot be eliminated caused by using the toy appropriately for its purpose and changing the toys structure and composition but without changing its main features and functions. Besides, The level of the risk which exists during the toys use should be balanced with the ability of users and the ability of those looking after the children to handle the situation. This rule is applied to toys used by children under the age of 36 months in regulating the features, seizes and characteristics of toys. The age group the toy and/or the necessity of an adults supervision should be written on the tag in order to apply this rule properly. The risks related to use of toys and the means of protection should be written on toys tags and their boxes and the manuals, especially to attract the attention of users and those supervising children.
The Special Risks in Appendix-II provides a detailed list of the physical and mechanical features of toys. According to these, the sides, edges, springs, cables and instalment pieces of toys should be designed and produced to minimize the injury risks which can occur during contact with the toy. The design of toys must be carried out to minimize the risks of physical injury. The toys, the toy equipment and their separable parts designed for children under the age of 36 months should be designed to prevent them from being sucked and being inhaled, stating that the toys, their equipment and their packages sold individually should not cause a risk of choking, and the design should ensure that there is no physical injury risk to users and others resulting from kinetic energy, that the composition and structure of the explosive pieces caused after firing the toys should be within acceptable limits, the liquids and gas inside the toys should not reach the heat and pressure levels which could cause physical injury, leading to burning and the burning of vapour.
Paying due regard to dangerous materials and their preparations described in the Dangerous Chemicals Regulation published in the Official Gazette issue 21634 dated 11/7/1993 and with their Flammable function; toys should not include explosive materials or materials and pieces which may explode. This rule does not apply to rifle capsules according to the regulation fireworks including the explosive capsules except those designed for toys (excluding those meeting regulatory requirements and rifle capsules used for toys which meet stringent regulations) stated in article 10 of Appendix-I.
Again, details of chemical toys and games are described in Appendix-II. Such toys should be designed and produced as not to cause any risk of physical injury or disease which could result from eye or skin contact with the toy, or swallowing and breathing it. Toys should be comply with the legislation on tagging certain dangerous materials or limiting them, or forbidding their use, and with the regulation related to certain products categories. In particular, in order to protect childrens health, the level of soluble toxic extracts in the human body and a daily dose are described in this regulation. Toys should not include the dangerous materials which may harm childrens health described in the Dangerous Chemicals Regulation, and according to this regulation it is prohibited to add any dangerous material and preparation to toys if they are used directly during the play. Due to the functions of some toys, in case of necessity certain amount of material and preparation are allowed, such as the materials used in the chemical test, model making, plastic and ceramic models, enamelling and in photography within the maximum values and in accordance with the tagging regulations, in condition with to keep the sub clause 4 of Appendix-IV.
In the description of electrical features of toys, it is targeted to design and produce the toys in accordance with the hygiene conditions to prevent the risk of disease or infection. Further, toys should not include any radioactive materials or pieces which could harm the health of children or adults. The Radiation Security Regulation published in issue 23999 of the Official Gazette dated 24/3/2000 will be applied to these situations.
1.4. COMPLIANCE EVALUATION PROCESS AND APPROVED INSTITUTIONS
It is explained how to carry out the compliance evaluation process in the third part of the regulation. The toy producer will submit the evaluation application to an approved institution which the producer can choose. The approved institutions described in sub clause (k) of article 4 determined by the Ministry, which carries out the compliance evaluation among the testing, checking and certificating institutions, are the private and public institutions authorized in accordance with the Regulation on Appropriateness Evaluation Institutions and Approved Institutions published in issue 24643 of the Official Gazette dated 17/12/2002, within the principles of this regulation and the legislation on Preparation and Application of Technical Regulation of the Products with no:4703
The institutions which will be assigned to carry out the compliance evaluation in accordance with the regulation should comply with the minimum requirements stated in the mentioned law and the Regulation on Compliance Evaluation Institutions and Approved Institutions and Appendix-III.
According to this, the Ministry will check if these institutions have enough personnel, satisfactory physical conditions and the necessary equipment to be assigned as an approved institution. Technical sufficiency and the work ethic of the personnel, and the maintaining of this ethic is necessary. It is the responsibility of the Ministry to maintain the independency and objectivity and to keep the confidentiality among personnel and to maintain the independency and objectivity of technical personnel and staff working directly or indirectly with people and groups related to toys while testing, preparing the reports, preparing the certificates and supervising these activities. Further, these institutions should take financial and legal responsibility, except for other responsibilities within the regulation. An annual check will be carried out by the Ministry to check that the requirements have been fulfilled.
The Ministry will authorize the institutions among the testing, checking and/or certificating institutions based on Turkey to carry out compliance evaluation activities.
The Ministry informs the commission undersecretary of the authorized institutions name, address and the products subjected to the compliance. These institutions acquire the approved institution status after this information and the registry number given by the Commission is published in the Official Gazette.
If the Ministry finds that the institution does not fulfil the requirements stated in Appendix-III, article 9 and 3 of the law along with the article 6 of the Regulation on Compliance Evaluation Institutions and Approved Institutions are applied to the institution. The Ministry publishes decisions to terminate the approved institution status and of suspending the activities of the institution in the Official Gazette and informs the undersecretary of this decision, so the Commission can be informed.
Approved Institutions keep the information, records and documents to submit to the Ministry when necessary.
In the event of situations which are not stated in this regulation and which are related to the approved institutions, the principles of the Regulation on Compliance Evaluation Institutions and Approved Institutions are applied.
According to principles of the regulation, the compliance mark consisting of CE, the producers name and/or commercial brand and/or address should be placed on the toy or on its package in the way it can be seen and read and not easily faded. The same information should be placed on the package, tag or bulletin in small toys and toys comprising of small pieces. Consumers should be warned to keep this information in case the information can not be placed on the toys.
1.5. WARNING AND SIGNS RELATED TO THE MEASURES NEEDED TO BE TAKEN FOR THE USE OF TOYS
The Ministry will request that all the information placed on packages, tags and manuals of toys supplied for the market, and the measurements and warnings stated on Regulation Appendix-IV, especially for some toys, to be prepared in Turkish.
Warnings and Signs Related to Measurements needed to be taken for Using Toys are stated in Appendix-IV. According to this, the proper and readable information will be placed on toys in order to minimize risks which can arise by using the toys and especially;
1) The toys are not meant for children under the age of 36 months: The toys which can be dangerous for children under the age of 36 months will have a warning on the manual such as Not intended for children under the age of 36 months or Not for children under the age of 3 years along with a short note explaining the risks requiring this restriction.
2) Child Sledges, toys hung on a beam, bands, trapezes, strings and similar toys: Instructions including the explanations of the risks caused by dropping the toys and not having periodical controls on the chained parts and hanging connections should be placed on such toys. Instructions should also include parts which could cause danger in the event of incorrect assembly, and information for proper assembly.
3) Functional Toys: Functional toys mean that the small seized models of tools used by adults. The expression of Warning: Only to be used under adult supervision should be placed on the functional toys and their packages.
The instructions regarding their imitations and their prototypes should be placed on these toys along with the instructions for using the toys, and the dangers which can arise in case of not taking the necessary measures. Furthermore, the warning to keep the toy in a place where children under a certain age cannot reach the toy should be indicated in the instructions.
4) The toys containing dangerous materials and preparations: Chemical Toys;
a) Manual instructions of the toys containing dangerous materials and preparations with structural reasons should contain the warnings regarding the dangerous structure of these materials and preparations and the measures needed to be taken by users to avoid the dangers which can be caused in case of contact with certain materials, and the preparations for the toy. The warning to keep the toy in a place where children under a certain age cannot reach the toy should be indicated in the instructions.
b) In addition to the instructions stated in sub clause (a), the warning below should be placed on the packages of chemical toys.
Warning: Only for children above (the age determined by the producers). Only to be used under supervision. In particular, chemical sets, plastic instalment sets, ceramic miniature toys, enamelling and photography and similar toys are considered as chemical toys.
5) Roller skates and skateboards: When these products are sold as toys, the expression of Warning: Protective equipment should be worn should be placed on them. Further, it should contain the manual and the warning indicating the maximum attention and care in using them to avoid the crashes and falls which could harm the users and other people. Detailed information should be provided on protective equipment, such as suggested gloves, kneepads, helmets and elbow pads.
6) The toys intended for use in the water: Toys intended for use in the water described in article II/I-f of Appendix-II should contain the following warning in accordance with the related part of adjusted standards with no: TS 5217 EN 71 and TS 5218 EN 71-2: Warning: Only to be used in water where the childs height exceeds the depth of the water, and under adult supervision
1.6. ADVISORY COMISSIONS, (CE) SIGN, SUNCTIONS AND ENFORCEMENT
The Ministry establishes an Advisory Commission on toys and standards when necessary. Establishing the Advisory Commission, its working procedure and principles and its discussions, responsibilities and authority are determined with an instruction issued by the Ministry within one year of issuing this regulation.
In the event of situations not stated in the regulation, principles of the Regulation regarding to Market Supervision and Control of Products published in issue 24643 of the Official Gazette dated 17/1/2002 are applied for market supervision and the control of toys.
The Ministry takes all measures to prevent toys which do not meet the requirements stated in Appendix-II from being supplied to the market, according to the principles of this regulation and the Regulation regarding to Market Supervision and Control of Products.
The Ministry makes necessary arrangements to ban the supply of the products and to collect them in the event that they are a threat to consumers and/or the health and safety of other people according to principles of articles 11 and 12 of the law.¹
In the event of situations which are not stated in the regulation, the principles of law 4703 and other related regulation will be applied. Further, the law and Turkish Criminal Code no: 765 and other related regulations will apply in accordance with the seriousness and characteristic of the action for those who are acting against the principles of the regulation.
Companies which are active and producing, distributing and selling the toys within the context of this regulation should adjust their circumstances to the principles of the regulation starting from when it is published and continuing until it becomes effective.
This regulation, which will be overseen by Ministry of Health, will be effective on 17 November 2003, 18 months following its publishing date.
II- UMUT FOUNDATION WORKING COMMISSION FORMED FOR TOYS REGULATIONS
It is known that this regulation has been prepared by the Ministry of Health based on the Protection of Health and Safety of Consumers in accordance with the efforts of Legislation Accordance within the National Health Program. The aim of the regulation is set out as determining the principles and methods regarding the design, production, supply and distribution of toys and market supervision according to the legal definition of the word toy. The regulation defines toy and states that air pistols and rifles, Slingshots and similar toys, Imitations very close to the original real firearms are not considered as toys and also makes clear which products are not considered as a toy in Appendix-1 and indicates the Essential Requirements for Toys in Appendix-II.
The Umut Foundation considers it beneficial that reconsidering the concepts such as child, toy, guns and similar products and determining what could be the other subjects that need to be taken into account. With this purpose, a Working Comission has been formed wth the participation of Kamil Kehale, AyhanAkcan, Oğuz Polat, Neylan Ziyalan, Mustafa Ruhi Şirin, Timur Demirbaş, Fikret İlkiz and Aşkın Yaşar and a decision has been taken to send invitations to certain people from the Security General Directorate Child Department and Gendarme Headquarters Child Department to participate in the Toys Regulation Commission.
The working Commission held its first meeting on Monday, 23 June 2003, in the Umut Foundation Centre. A decision was taken to ask specialists views to reconsider the Working Commission Toys Regulation within the mentioned purpose. Further, 22 people were also asked for their views in a written statement to Umut Foundation, in terms of reconsidering the concepts such as child, toy, guns and similar products in accordance with the Childrens Rights Agreement of the Regulation and what could be other subjects which need to be taken into account.
9 different opinions were announced in response to the invitation letter.
Prof. Dr. Oğuz Polat,
Prof. Dr. Adnan Kulaksızoğlu,
Prof. Dr. Mübeccel Gönen,
Prof. Dr. Bekir Onur,
Prof. Dr. Mücella Uluğ,
Lawyer Betül Onursal,
Mustafa Ruhi Şirin,
Lawyer Aşkın Yaşar Topuzoğlu
With opinions of these 9 people, the joined report prepared by Prof. Dr. İ.Hamit Hancı, Assistant Prof. Betül Ulukol, Assistant Prof. Nezih Varol, Assistant Prof. Gürol Cantürk and Specialist Dr. Burcu Eşiyok was evaluated at the Commissions meeting dated 1 September 2003. At the evaluation meeting, it was decided to prepare a report out of these reports sent by these people.
III- REPORT ON THE REPORTS SENT TO THE WORKING COMMISSION
3.1. AGREEMENT ON CHILDRENS RIGHTS AND THE ELEMENTS THEREIN
The first step for childrens rights was taken in 1924. A declaration composed of 5 principles during the League of Nations period in Geneva was approved by the United Nations General Assembly and made into a decree on 20 November 1959 (number 1386, XIV). The United Nations developed 10 principles following this decree with the intent that Humanity shall give children the best they deserve. 1978 was accepted to be the International Childrens Year. Poland presented a draft agreement to the United Nations on childrens rights, on the basis of the General Assembly decree dated 1959. A working group within the UN Human Rights Commission prepared an agreement draft following studies which took place until 1987. This draft was presented in the General Assembly of 1989, on the 30th anniversary of UN Childrens Rights Declaration. THE AGREEMENT ON CHILDRENS RIGHTS was accepted by the United Nations General Assembly on 20 November 1989. The agreement was validated in terms of international law when it was approved by the parliaments of 20 countries on 2 September 1990.[2]
The states which took part in this agreement accept the condition, as stated at the beginning of the agreement and in the Childrens Rights Declaration, that special security and protection including the legal protection before birth is necessary for children as much as it is necessary after birth, because they have not reached the required physical and mental maturity level. Besides this, the states accept that awareness of the importance of international cooperation in improving the living conditions of children, especially those in developing countries, with consideration that the cultural values and traditions of every nation have importance for their growth in hard conditions thus with need for special attention. (Agreement-Preface) Turkey signed this agreement on 14 September 1990. Its approval with reservation / limiting condition was found to comply with law 4048 on 9 September 1994. It was approved by the Council of Ministers by law 94/6423 on 23 December 1994 and validated on 27 January 1995 in issue 22184 of the Official Gazette. [3] As required by the final paragraph of the 90th article in the 1980 Constitution, International treaties put in effect according to the procedure are in lieu of law. No applications can be made to the Constitutional Court with claim that they are against the constitution. According to this article Agreements comply with the law. Moreover, international agreements differ from laws in the way that they are closer to the constitution. At least they have the power to add new values to the constitution. As long as the requirements of international agreements cannot be claimed to be against the constitution, these requirements will be considered together with the constitution and the constitution will be interpreted together with them. If the constitution or any law conflict each other, the agreement will be valid. As given by the 90th article of the constitution, the superiority of international laws is accepted in terms of legal law. [4]
3.2. CONSEQUENCES OF PREPARATION HISTORY OF ACR (AGREEMENT ON CHILDRENS RIGHTS) AND THE REGULATION
Consequently, the United Nations Agreement on Childrens Rights is in lieu of the Law since 27 January 1995 in terms of our internal law. Thus it is required by the constitution that the ACR (Agreement on Childrens Rights) be taken into account for the legal arrangements after this date. The joint evaluation of the ACR and the regulation prepared by the Ministry of Health gives the following result: within the adjustment legal framework, the Instruction of Council (88/378/CEE) dated 3 May 1988 and the Instruction of Council no:93/68 EEC dated 22 July 1993 on revising the previous law were taken as principle. However, the ACR should be the principle for arrangements in all laws and legislation regarding children. The arrangements in 1988 and 1993 should match this agreement. The arrangements reached after 27 January 1995 can only be accepted as valid when this condition is realized. Otherwise, the arrangements that do not match the requirements of the agreement can not be accepted as valid.
In this case, an approach to bring The regulation of toys in accordance with the ACR would be useful.
3.3. REGULATION OF TOYS AND THE REQUIREMENTS OF THE ACR
The regulation of Toys is just a translation of the Instruction of the Council. The purpose is to establish common standards for the EU countries to avoid technical danger from toys.
It would be beneficial to conduct studies to prevent a culture of violence and toys which incorporate violence. The importance of creating a wider activity scope is emphasized with determination to consider studies for children as a long-lasting effort, especially in an environment where the arms industry and violence is taking over the world. The title Regulation about Toys must be changed to Regulation about the Safety of Toys or Regulation for Safety of Toys.
Giving special consideration to the child, the main philosophy of the ACR, must be taken into account and the Toys Regulation must be re-evaluated. Arrangements must be carried out according to the ACR and documents of Peace Culture for Children of the World and International Ten Years against Violence, and they must be brought in line with the aforementioned documents. A target must be set to provide educational and legal requirements for protection of children with determination of other countries legislation and the regulation of toys must be prepared again in a wider scope. In this context, a revision to the Turkish Law is suggested.[5]
The most important effects of games and toys on children are on their socialization process. In particular when the fact that ethical concepts like right and wrong, good and bad, beautiful and ugly and duty, responsibility and behaviour can be learned through games is considered, it is obvious that children should be protected from video games with guns and toy guns at early ages. Such encounters would prevent the child from understanding the serious dangers of guns. Besides, it is clear that toys which shoot, blow or explode some materials may cause injuries to children.
Therefore, children must be protected from encountering guns and use of such material blowing toys. [6]
As a result, a view has been put forth to relate ACR and Toys Regulation in terms of the principles and rules they are based on instead of their contents. In this context, it has been mentioned that it is more useful to see things in a wider perspective and discuss toys of violence and if they can create violence rather than discussing toy guns.[7]
As Toys Regulation is evaluated with this perspective; avoiding discrimination [8] in article 2, advantages of child [9] in article 3, childs right to live and grow [10] in article 6 and consideration of childs opinions[11] in article are required by the agreement.
It must be accepted with the consideration that everyone under 18 is a child and individual according to developing requirements and the childs opinion shall be asked for decisions about himself, the advantage of the child shall be taken into account for every application regarding the child, discrimination shall be avoided, the responsibility of the parents shall be the principle, the state shall support this responsibility and the state shall take over the responsibility in cases where parents do not perform their responsibilities. Toys Regulation must be re-evaluated in the light of these principles. [12]
3.4. ACR ARTICLE 31 AND GAMES/TOYS/PLAYING/FUN AND THE CHILD
The Regulation of Toys has been evaluated with attributions to 24th, 29th, 38th and other articles of the agreement. But the 31st article of the ACR has been given the most attention. This article is as follows:
Article 31:
1. Signatory states recognize the rights of a child to take rest, spend leisure time, play, engage in entertainment activities suitable for the age, and freely take part in cultural and artistic life.
2. Signatory states respect the right of a child to take part in cultural and artistic life and encourage provision of suitable and fair opportunities for children to spend leisure time, rest and join artistic and cultural activities.
The requirements of the agreement and the regulation shall be evaluated especially within the framework of article 31. Because this article is about the very important rights of a child such as resting, spare time, playing, collective entertainment activities and joining cultural and artistic life. The description of game and toy gain importance with this article.
Game is an interesting term peculiar to childhood. Activities without rules and away from the interference of adults are concerned here. Playing games and with toys are indispensable elements of development.
Many social abilities like mutual reconciliation, sharing and self-control are gained through uncontrolled games and toys played with other children.
A Childrens Play Rights Declaration shall be accepted. This declaration includes the call for five main governmental departments to take action - health, education, social security, spare time and planning. Officials from these departments shall encourage more innocent games and toys instead of commercial or violent tools.
However in Turkey, there is no concrete attempt to implement article 31. For real actions the responsible departments of the government should be identified and coordination betweem them maintained. Areas where non-governmental institutions and civilian society can cooperate shall be identified. Thorough research covering all childrens laws and applications shall be completed. The observation and evaluation mechanisms shall be developed, other international standards shall be considered, required resources shall be created and acknowledgement of results concerning the implementation of article 31 by adults and children shall be ensured. [13]
3.5. OTHER PROPOSALS ON THE REGULATION OF TOYS
It has been mentioned that the statement in article 20 of the regulation entitled true imitations of original weapons is not accepted as the definition of toys narrows with the expression true, leading to an understanding that untrue imitations may be accepted as toys. Therefore, it is suggested that the word true is removed. Additionally, it is considered to place a warning on toy packages stating weaponlike materials produced as toys have a negative effect on childrens physical and mental development. [14]
It is proposed that there should be a health concept, as set out in articles 4/f and article 5 in the regulation, a definition accepted by the World Health Organization. It is suggested that a description of health as Health is not only the non-existence of illness and handicap; it is a complete condition of physical, mental, moral and social wellness be given in the regulation. [15]
Proposals to add a clause stating that Toys must be designed and produced without odours that carry risks to develop habits or addiction to the chemical features part in Appendix II article 3 and Toys must be designed and produced without laser rays that may damage eyes clause to the chemical features part in Appendix II article 4 of the regulation have been given.[16]
The assignment of child development specialists, child psychiatrists and physiologists in Approved Institutions designated and authorized by the Ministry of Health according to the requirements of the regulation have been requested and the proposal for Advisory Commissions to be formed of specialists has been given.[17]
The common point of the reports is the continuous education. The Project for
Children of Weapons was considered very useful. It is proposed for the specialists to hold sessions for discussing the regulation before it goes in effect and the public be enlightened. With attention to the articles 29 and 31 where education is mentioned, educating parents of toy/weapon/violence concepts and concrete examples of games, and acknowledgment of baby-sitters, teachers and children in seminars is being emphasized. [18]
[1] Law Regarding the Preparation of Technical Legislation about Products with no: 4703
Prohibiting the supply of product in the market, removal and elimination
ARTICLE 11. Supply of a product will be suspended by the authorized institution until it is controlled, when absolute findings about unsafe conditions of the product are present even if it is certified with the related technical properties. If it is determined to be unsafe after control, the authorized institution will perform the following under the condition that the costs are born by the producer;
a) Prohibition of supply in the market
b) Removal of present supply from the market
c) Partial or complete elimination of products according to risk levels in cases where maintaining the products safety is impossible
d) Announcement of necessary information about the precautions given in paragraphs (a), (b) and (c) to the public through two national newspapers and two national TV channels; the costs to be borne by the producer.
In cases where people under risk can be informed through local newspaper and TV channels, the announcement can be made through local channels and in cases where people under risk can be identified information can directly be given in person. The precautions regarding this article will be presented to the Commission when necessary.
ARTICLE 12 is the penalty statement. It requires that when article 5 of this law is violated fines of between 2,500,000TL and 25,000,000TL be charged, and that if that is repeated within a period of one year the fine should be doubled, and that and the Council of Ministers is authorized to raise fines every year.
Prof. Dr. Tekin Akıllioglu. Agreement on Childrens Rights. AU, FSS (Ankara University, Faculty of Social Sciences), Centre for Human Rights Publications No: 13 Ankara. March 1995.[2]
Lawyer Askin Topuzoglu. Evaluation of Toys Regulation, In terms of Legal Features. Report. Istanbul 1995 [3]
[4] Asst.Prof.Dr. Naz Cavusoglu. On Basic Rights and Freedom in EAHR (European Agreement on Human Rights) and European Social Law. AU, FSS, Centre for Human Rights Special Series No.1, Ankara. 1994, Page 87-88. And footnote (3). See Necmi Yuzbasioglu. Constitutional Block in Turkish Constitution Adjudication, Istanbul 1991, p.47. Mumtaz Soysal. Constitutional Adjudication of Inspection of Suitability to the Constitution and International Agreements. Constitutional Court Publications, No.5, Ankara 1986, p7,17. Lawyer Askin Topuzoglu agrees with the same opinion in his Report.
Lawyer Askin Topuzoglu. Evaluation of Toys Regulation, In terms of Legal Features. Report, Istanbul 1995. Mustafa Ruhi Sirin. Chairman of Childrens Foundation. Article dated 1 September 2003 with no: 2003/019. Lawyer Betul Onursal. Report dated 30.07.2003 on Toys Regulation [5]
Report with joint signatures of Prof. Dr. I.Hamit Hanci, Assc. Prof. Dr.Betul Ulukol, Assc.Prof. Dr. Nezih Varol, Asst.Prof. Dr. Gurol Canturk and Sp.(Specialist) Dr. Burcu Esiyok [6]
[8]ACR/Article 2 1. Signatory States recognize and commit to the rights written in this agreement for all children without any discrimination of race, colour, gender, language, political or other opinion, national, ethnic or social origins, possessions, handicaps and other status the children, parents or legal guardians may have.
2. Signatory States take all necessary measures to prevent children from being discriminated or penalized for the conditions, activities, expressed thoughts and beliefs of their parents, legal guardians or other members of the family.
ACR/Article 2 [9]
1. The good of the child is the basic goal for all activities concerning children arranged by public or private social support institutions, courts, administrative authorities and legislative bodies.
2. Signatory States take responsibility to care and protect the welfare of children, considering the rights and responsibilities of parents, guardians or legally responsible individuals, and take all necessary legal and administrative measures for this purpose.
3. Signatory States ensure the adequacy of services and activities of institutions responsible for childrens care and protection especially in terms of security, health, qualifications and number of personnel, management according to the measures given by authorities.
[10] ACR/Article 6 1. Signatory States recognize the fact that every child has the basic right to live.
2. Signatory States put maximum effort to ensure the survival and development of a child.
[11] ACR/Article 12 1. Signatory States recognize the right of children, who are able to make up their minds, to freely express their opinions on every subject that relates to themselves, and pay attention to them according to the childs age and maturity level.
2. With this purpose, suitable opportunities according to the related rules of the national law shall be presented to a child for expressing his opinions directly or through a representative or an appropriate authority on legal or administrative investigations that affect the child
Report with joint signatures of Prof. Dr. I.Hamit Hanci, Assc. Prof. Dr.Betul Ulukol, Assc.Prof. Dr. Nezih Varol, Asst.Prof. Dr. Gurol Canturk and Sp. Dr. Burcu Esiyok [14]
Lawyer Betul Onursal. Toys Regulation. Definition of health by World Health Organization: Health is not only the non-existence of illness and handicap; it is a complete physical, mental, moral and social wellness condition[15]
[16] Prof. Dr. Adnan Kulaksizoglu. Article about the Regulation dated 8.8.2003
Report with joint signatures of Prof. Dr. I.Hamit Hanci, Assc. Prof. Dr.Betul Ulukol, Assc.Prof. Dr. Nezih Varol, Asst.Prof. Dr. Gurol Canturk and Sp. Dr. Burcu Esiyok
[18] Prof.Dr. Mucella Ulug. Report dated 6.8.2003. Prof. Dr.Mubeccel Gonen. Article dated 7.8.2003. Other Reports.