Education of special children within the scope of custody rights in the Turkish civil code

Abstract

The education of the child is both a right and an obligation for the mother and father who have the right of custody. For this reason, when exercising parental authority, the best interests of the child should be prioritized. Provisions regarding the education of children are regulated in the second book of the Turkish Civil Code titled Family Law, in the sixth section titled Custody under the second subsection titled Kinship. This study aims to discuss the education of special children within the scope of custody rights according to the Turkish civil code. The legislation has introduced a clear regulation to ensure that the educational rights of children with special education needs are not violated, even by the parents who have custody rights. The Turkish Civil Code reveals that when parents exercise their right of custody, which is both a right and an obligation, they must take into account the principle of protecting the interests of the children, and that the care and education of the children must be carried out with the decision taken in the light of this principle. Keywords: Custody; education; family union; special child; special education; Turkish civil code