139
Minimum age for marriage 87.
The Civil Code lays down the minimum age for getting married as 18. However, with the consent of the parents, this limit can be 17 years of age for males and 15 years of age for females. Irrespective of these limits, the
judge may permit the marriage of a 15-year-old male with a 14-year-old female for important reasons and under exceptional circumstances under article 88 of the Code.
Minimum age for criminal responsibility 165.
Under the Turkish Penal Code, the age of transition to full penal liability is 18. Nevertheless, according to the Law on Juvenile Courts, the minimum age to stand before these courts is 15 years.
480.
Article 11 of the Law on the Establishment, Duties and Procedures of Juvenile Courts states that No investigation can be made about and no sentence can be given to those who are younger than 11 years old at the
time the crime is committed. However, if the crime requires an imprisonment sentence of more than one year or a heavier sentence, one of the measures specified in article 10 is applied. If sufficient measures will be taken by
parents or persons liable for taking care of the child who is younger than 11 years old, other measures may not be applied by the court. Article 12 states that If the investigation carried out in accordance with article 20 on a child
who has completed the aged of 11 but has not completed the age of 15 when the criminal act is committed does not require a sentence, one of the measures specified in article 10 may be applied by the court.
UGANDA
Source: CRCC3Add. 40, 17 June 1996
School-leaving age
Information unavailable
Minimum age of employment 38g
The Employment Decree 1975 does not allow a person under 12 years to be employed except on light work. What constitutes light work was not defined.
259.
The Employment Decree 1975 […] prohibits children of certain ages from a variety of work situations. Those under 18 are prohibited from employment in dangerous and hazardous jobs, those under 17 are not
supposed to work at night, while those under 16 are not to work underground. A person under 12 years should only be employed in light work as prescribed by the Minister of Labour.
Minimum age for marriage 38d
[…] Marriage can be contracted for a person under 21 years with the written consent of a parent Marriage Act;
38e
The Customary Marriages Registration Decree 16 of 1973 states that the minimum age of marriage is 16 years for males and 18 years for females;
38f
The Marriage and Divorce of Mohammedans Act allows a minor to apply to have his or her marriage registered if the lawful guardian fails to apply for it. The Act does not define a minor and does not set the
minimum age of marriage.
Minimum age for criminal responsibility 38g
At present a child from the age of 7 to 12 years is criminally liable if it can be proved that heshe knew the act was wrong and ought not have done it.
237.
The draft bill for the Childrens Statute has adequately addressed the administration of juvenile justice.
242.
It has been proposed in the bill that the minimum age of criminal responsibility shall be 14 years. This is an increase of 7 years from the present lowest age of criminal responsibility which is 7 years. At 14 the child is at
least capable of understanding the consequences of his or her action.
UKRAINE
Source: CRCC70Add.
11, 18
May 2001
School-leaving age 99.
The obligation to complete the 11 grades of general secondary education, i.e up to age 17, is stated in the Constitution art. 53.
Minimum age of employment 99.
Children below the age of 16 may not be admitted to employment. With the consent of one of their parents or a surrogate parent, children aged 15 may be admitted to employment on an exceptional basis. For the
purposes of training young people for productive work, students aged 14 or older in general education,
140 vocational-technical and secondary specialized schools may be employed in their free time to perform light work
which does not harm their health or interrupt their schooling, subject to the consent of one of their parents or a surrogate parent art. 188;
Minimum age for marriage 99.
The minimum age of marriage is 18 for males and 17 for females. Marriage may be permitted at an earlier age in exceptional circumstances Marriage and Family Code, art. 16.
Minimum age for criminal responsibility 735.
The Criminal Code provides that persons who had reached the age of 16 before committing the crime in question may be held criminally responsible. Persons who commit a crime when aged 14 or 15 may be held
criminally responsible only in particularly serious cases art. 10.
UNITED ARAB EMIRATES
Source: CRCC78Add. 2, 24 October 2001
School-leaving age 2.
[…] chapter II of the Constitution, entitled ‘‘Basic social and economic principles’’, contains the following articles:
--- Article 17: Education is a fundamental factor in social progress. Within the Federation, it shall be compulsory at the primary level and free of charge at all levels. […]
170.
All children at pre-university school age, regardless of their nationality, gender or religion, are entitled to enrol at government schools. There are separate schools for boys and girls. Education is free of charge and the
schools provide the requisite books and stationery at nominal prices. The official age for enrolment at primary schools is 5.9 to 6 years and the primary stage of education lasts for six years.
Minimum age of employment 4.
The functions of the ministries and the powers of ministers are regulated by Federal Act No. 1 of 1972, which stipulates as follows:
--- Article 20 of the Labour Relations Regulatory Act No. 8 of 1980 prohibits the employment of juveniles of either sex who are under 15 years of age. […]
Minimum age for marriage
Information unavailable
Minimum age for criminal responsibility 97.
[…] article 6 of Federal Act No. 9 of 1976 concerning juvenile delinquents and vagrants stipulates that: ‘‘Criminal proceedings shall not be brought against a juvenile delinquent under seven years of age. However, in
all cases, the investigating authorities or the courts may order educational or remedial measures appropriate to the juvenile’s situation if they deem such measures to be necessary.’’ The Act therefore sets the minimum age at 7
years, even if the juvenile is found to be capable of exercising discretion at a younger age. The Act also stipulates that, if a juvenile is found to have been incapable of distinguishing between right and wrong at the time of his
commission of an act, the judge should not sentence him to any penalty whatsoever but should merely order appropriate educational and remedial measures.
UNITED KINGDOM OF GREAT BRITAIN and NORTHERN IRELAND
Source: CRCC83Add. 3, 25 February 2002; CRCC11Add. 1, 28 March 1994 School-leaving age
From CRCC11Add. 1 of 28 March 1994
67.
The minimum school leaving age MSLA is generally around the childs sixteenth birthday. MSLA is defined as follows: ‘‘A child whose 16th birthday occurs between 1st September and the 31st January both dates
inclusive shall be deemed to be of compulsory school age until the end of the spring term which includes such month of January. A child whose 16th birthday occurs between the lst February and the 31st August both dates
inclusive shall be deemed to be of compulsory school age until the Friday before the last Monday in May in that year’’. In Northern Ireland, the upper limit of compulsory school age is reached a For a person who attains the
age of 16 between 1 September in any year and 1 July in the following year both dates inclusive, on 30 June in
141 that following year; b For a person who attains the age of 16 between 2 July and 31 August in any year both
dates inclusive, on 30 June in the following year.
Minimum age of employment
From CRCC83Add. 3 of 25 February 2002
10.68.2
The law on children’s employment, that is those under the minimum school leaving age, can now be outlined as follows.
10.68.3
Children between age 13 and the minimum school leaving age may work: a For a maximum of 2 hours on schooldays;
b For a maximum of 2 hours on Sundays; c For a maximum of 5 hours if aged under 15 or 8 hours if 15 or over on Saturdays and weekdays during
the school holidays, subject to an overall limit of 25 hours under 15 or 35 hours 15 and over a week in the school holidays.
10.68.4
Children may not: a Do anything other than light work;
b Work before they are 13 years of age; c Work for more than one hour before the start of school;
d Work during school hours; e Work before 7.00 a.m. or after 7.00 p.m.;
f Work for more than four hours without a break of at least one hour; g Work throughout the summer holidays; they must have a break of at least two weeks;
h Work without an employment card issued by the local authority; i Work in any industrial undertaking, e.g. factory, building site, etc.;
j Work in many occupations prohibited by local by-laws or in other legislation, e.g. in pubs or betting shops, or in any work which is likely to be harmful to their health, well-being or education;
k Take part in certain theatrical or other performances or in professional sport or modelling without a licence issued by the local authority.
Minimum age for marriage
From CRCC11Add. 1 of 28 March 1994
71.
In England and Wales, 16, with parental consent. If parental consent is refused, a court may authorize the marriage. Getting married between the ages of 16 and 18 without parental consent or permission of a court does
not invalidate the marriage but it is a criminal offence. In Northern Ireland similar provisions apply. In Scotland a marriage can be contracted at age 16 without parental consent.
Minimum age for criminal responsibility
From CRCC83Add. 3 of 25 February 2002 Scotland
2.11.1
[…] Although Scotland has a low age of criminal responsibility 8 years, the vast majority of Scottish children who offend are dealt with through the Children’s Hearings system. Children under 16 years are only
considered for prosecution in court for serious offences such as murder and rape; and even in such instances it is not automatic that prosecution will occur. Children in these categories can be referred to the Principal Reporter
who has the statutory responsibility to decide whether to refer cases to a Children’s Hearing. […]
England and Wales
10.24.1
Legislation in the Crime and Disorder Act has: a Abolished the rebuttable presumption of
doli incapax , thereby ensuring that courts will be able to address
offending behaviour by children between the ages of 10 and 14 at the earliest possible opportunity, and so nip that offending behaviour in the bud; […]
10.30.4
It is also important to emphasize that the abolition of the presumption of doli incapax
does not affect the age of criminal responsibility in England and Wales, which remains at 10 years. The Government considers
that this is an appropriate level, reflecting the need to protect the welfare of the youngest. However if children aged 10 or older start to behave in a criminal or anti-social way, the Government considers that we do them no
favours to overlook this behaviour. It is in the interests of children and young people themselves to recognize and accept responsibility, and to receive assistance in tackling criminal behaviour.
Northern Ireland
10.43.10
The Government believed that there was no reason for the law on doli incapax
to be any different in Northern Ireland from that in England and Wales, and the rebuttable presumption of
doli incapax was
abolished in Northern Ireland in December 1998.
142
UK ISLE OF MAN
Source: CRCC11Add. 19, 8 May 1998
School-leaving age 11. d
The period of ‘‘compulsory school age’’ lasts from 5 years to 16 years; Isle of Man Education Act 1949, sect. 65, Education School Age Act 1988, sect. 1.
Minimum age of employment 11. j
A child under 13 may not be employed except by his parents in light agricultural or horticultural work. Restrictions apply to the employment of persons under 16 e.g. as to hours of work; Children and Young
Persons Act 1969, sect. 15, Employment of Children Byelaws.
Minimum age for marriage 11. e
A child under 16 years is incapable of being married, and a child between 16 and 18 years may not lawfully be married without a parents consent, unless the High Court dispenses with such consent; Marriage
Act 1984, sects. 2 and 3.
Minimum age for criminal responsibility 11. a
The age of criminal responsibility under which a child cannot be convicted of a criminal offence is 10 years; Children and Young Persons Act 1966, sect. 45, Children and Young Persons Act 1969, sect. 12.
UK OVERSEAS TERRITORIES
Source: CRCC41Add. 9, 29 May 2000
School-leaving age 19.
Under the Education Ordinance 1989 of the Falkland Islands as amended a child is deemed to be of compulsory school age until the end of the school year in which he attains the age of 16 except that where he
attains the age of 16 between the end of the preceding school year and the beginning of the first term of the new school year, he is deemed to have attained that age during the proceeding school year. The school year ends at the
end of the third term of that year on approximately 20 December and the new school year will begin during the first week in February usually on the first Thursday of February.
Minimum age of employment 172.
The Falkland Islands comply fully with the provisions of all relevant ILO Conventions in relation to the employment of children, notwithstanding that they have not been applied. The Employment of Children
Ordinance 1966 is the principal law regulating the employment of children. It contains a general prohibition of the employment of children under two years below the minimum school-leaving age and restricts the
employment of children above the age of two years below the minimum school-leaving age and that age. The Ordinance provides that such children cannot:
a Be employed until after school hours on any school day; b Be employed for more than two hours on any school day or on any Sunday;
c Be employed before 7 a.m. or after 7 p.m. on any day; or d Be employed to lift, carry or move anything so heavy as to be likely to cause injury to them.
The Employment of Women, Young Persons and Children Ordinance 1967 prohibits the employment of such children in any industrial undertaking or on any ship. It also provides that a person under the age of 18 cannot
generally be employed at night in an industrial undertaking or in any mine or quarry.
Minimum age for marriage 23.
A person of under 16 years cannot lawfully marry. A person of 16 years of age or more, but under the age of 18, can marry with parental consent, or the consent of a competent court.
Minimum age for criminal responsibility 26.
A child under the age of 10 cannot be prosecuted in respect of any offence. A child of 10 years but under 14 years can only be prosecuted if it is proved that the child knew what he or she was doing and that he or she knew
that it was wrong.
143
United Republic of TANZANIA
Source: CRCC8Add. 14Rev. 1, 25 September 2000
School-leaving age 105.
The Education Act of 1978 stipulates compulsory enrolment in primary education between the ages of 7 and 13 years.
107.
In Zanzibar, primary education is compulsory according to the Education Act. No. 6 of 1982. Compulsory basic education constitutes 10 years of schooling: 7 years of primary education and 3 in junior secondary school.
Minimum age of employment 102.
In Zanzibar, no child under 12 years can be employed except in rural areas where children over 10 years can do light work, which includes some agricultural activities and domestic service.
358.
Despite the existence of the Employment Ordinance Cap. 366 which prohibits employment of children under 12 years of age, the law is not fully enforced due to lack of awareness of children’s legal rights among the
children, employers, and among the law enforcers. The law also contains contradictions with respect to the employment age, with different laws stating different ages. For instance, under the Employment Ordinance
Cap. 366 sect. 77, it is prohibited to employ a child under the apparent age of 12 years, the Education Act of 1978 indicates that compulsory schooling ends at 13 years; under the law of Contract Ordinance a child cannot
enter into a contract. However, in actual fact, children have to work towards the survival of their families, but the kind of work carried out by them should not be exploitative or hazardous and should not in any way interfere
with their education and rights to rest and recreation.
Minimum age for marriage 88.
[…] In marriage, the minimum age for marriage is 15 for girls and 18 for boys as per the Law of marriage Act 1971. The same Act states that a married woman at 15 years and above is no longer a child.
103.
Islamic law seems to permit the marriage of individuals who have reached puberty, at which point they are considered to be adults.
104.
It also seems to recognize the possibility that girl children may be married before they reach puberty and without their consent. A girl so married has the possibility of repudiating the marriage when she reaches
adulthood.
Minimum age for criminal responsibility 87.
[…] The Penal Code states that a child has criminal capacity at the age of 12 years.
94.
According to the Penal Code Cap 16 a child of 7 years is not criminally responsible. However, between the ages of 7 and 14, there is a rebuttable presumption that this child was capable of knowing that what he did, or
omitted to do, was wrong. In this regard such a child can be held criminally liable.
95.
There is Sexual offences Special Provisions Act of April 1998, which, among other things, raises the age of criminal responsibility to 10 years. However, there are mixed feelings as regards the advantages and disadvantages
of raising this age.
96.
In Zanzibar, a person under the age of 12 is not criminally responsible for any act or omission, and a child between 12 and 14 is presumed not to have capacity unless the contrary is proved Act No. 11 of 1986
353.
The Penal Code establishes a minimum age of criminal responsibility. Under section 14, which was recently amended to increase the relevant ages, a person under the age of 12 is not criminally responsible for any act or
omission, and a child between 12 and 14 is presumed not to have capacity unless the contrary is proved.
UZBEKISTAN
Source: CRCC41Add. 8, 19 February 2001
School-leaving age 225.
Under Uzbek law, general secondary education --- extending over a period of nine years, comprising grades 1---9 at school --- ensures that children receive a thorough education in the principles of science, that their
cognitive faculties are developed, that they acquire basic scholarship, scientific learning, and general cultural knowledge, that their spiritual and moral qualities are nourished on the basis of national and universal spiritual
values, and that they develop vocational skills, a capacity for creative thought and an informed attitude to the surrounding world and to their choice of profession.
236.
Compulsory secondary specialized and vocational education, extending for a period of three years after completion of general education, is a separate component in the Uzbek continuous education system. […]
144
Minimum age of employment 314.
The Labour Code of the Republic of Uzbekistan, which entered into force in April 1996, sets 16 as the minimum age for admission to employment. As part of their preparation for employment, pupils and students
aged 14 and over at general education schools, vocational technical colleges and secondary educational establishments are permitted, during after-study hours, to perform light work which poses no hazard to health.
With the written consent of one parent or of a person acting in the parent’s stead, young people may be admitted to employment from the age of 15.
Minimum age for marriage 69.
[…] Under the provisions of the Family Code of the Republic of Uzbekistan marriageable age is set for men at 18 and for women at 17 and in exceptional circumstances may be lowered, by decision of the hokimiyat, but
by no more than one year.
Minimum age for criminal responsibility 291.
Under Uzbek law, persons who have attained the age of 13 may be held criminally liable, but only for the commission of premeditated murder in aggravating circumstances article 97, second section. Criminal liability
is engaged from the age of 14 for certain types of serious offences, and from the age of 16 for all other crimes. […]
VANUATU
Source: CRCC28Add. 8, 26 May 1997
School-leaving age 31.
Six years of primary education are provided by government schools, Government-assisted schools with religious affiliation and private schools. Primary education is not compulsory but the Government since
independence has strived to provide places for all school-age children. […]
Minimum age of employment 101. c
Employment Act Cap 160, section 38: no person under the age of 12 shall be employed in any capacity, except on light work suitable to hisher capability in an agricultural undertaking owned and managed
by the family of which he or she is a member; section 39: a person under the age of 14 is not allowed to be employed except on light work of an agricultural or domestic character in which members of the employers
family are employed with him, or on agricultural light work carried on collectively by the local community; section 40: a person under the age of 15 is not allowed to work on any industrial undertaking except with the
approval of the Commissioner of Labour or on a ship; section 41: no person under the age of 18 is allowed to work at night in any industrial undertaking; section 42: no person under the age of 18 is allowed to work on a
ship unless certified by a medical practitioner that he is fit for such work; section 43: every employer in any industrial undertaking and every master of a ship shall keep a register of all persons under the age of 18 years
employed in such undertaking or on the ship. Such register is open to inspection by the labour officer.
Minimum age for marriage 101. d
Control of Marriage Act Cap 45: article 2 states that no person of the male sex being under the age of 18 years and no person of the female sex being under the age of 16 years may lawfully marry; article 3 states that
no person under the age of 21 years may lawfully marry without the consent of hisher parents or guardians.
Minimum age for criminal responsibility 193.
The Penal Code sect. 17 1 protects children under 10 years of age from responsibility for crime. It states that no child under the age of 10 years shall be capable of committing any criminal offence. A child of 10 years of
age or over but under 14 years of age shall be presumed to be incapable of committing a criminal offence unless it is proved by evidence that he was able to distinguish between right and wrong and that he did so with respect
to the offence with which he is charged. […]
VENEZUELA
Source: CRCC3Add. 54, 22 September 1997
School-leaving age 49.
Compulsory schooling ends with the completion of basic education, which covers a period of at least nine years. Children up to the age of 15 may receive compulsory basic education only under the attendance system, in
shifts from 7 a.m. to 6 p.m. Attendance at night is prohibited before that age. The purpose of this measure is to
145 ensure that a childs main activity is study. Compulsory basic education should be completed by 14, the age at
which children are legally entitled to work.
Minimum age of employment 204.
The general minimum age for obtaining employment or work is 14 years. After that age, a child is considered fit to work art. 247 of the Organic Labour Act and art. 23 of the Minors Protection Act. Between
the ages of 14 and 16, the young person needs the authorization of his or her legal representative in order to sign a labour contract art. 248 of the Organic Labour Act.
208.
The law prohibits work before the age of 14 in any kind of activity, except where special authorization is given to work between the ages of 12 and 14, and the possibility of working in public performances, film, radio,
television and advertising art. 247 of the Organic Labour Act and art. 23 of the Minors Protection Act.
210.
There are two situations in which Venezuelan law permits work before the age of 14. Conversely, in certain circumstances, those over the age of 14, but under the age of 18 are not allowed to work, and, the law recognizes
the possibility of raising the minimum age for certain occupations.
211.
Under Venezuelan law, persons below the age of 14 and above the age of 12 may be allowed to work in ‘‘duly justified circumstances’’ and in ‘‘tasks appropriate to their physical condition’’ and provided that their
education is guaranteed art. 247, para. 1, of the Organic Labour Act. […]
212.
Those ‘‘below the age of 16’’ may be allowed to work in public performances, films, theatres, radio or television programmes or in commercial advertising art. 251 of the Organic Labour Act and art. 26 of the
Minors Protection Act. This is an exception to the rule insofar as it also covers children below the age of 14, provided that there are no other age limits; that is to say, the law does not state from what age a child can work in
these areas. […]
Minimum age for marriage 44.
Marriage is a free and voluntary act. For a marriage to take place, the woman must be at least 14 and the man 16 art. 46 of the Civil Code. If the girl is pregnant and the boy acknowledges that he is the father, the
minimum age provided for in article 46 of the Civil Code is waived art. 62 of the Civil Code. Minors under 18 need parental permission to marry. Should the parents refuse it, the marriage may be authorized by the juvenile
court art. 59 of the Civil Code.
Minimum age for criminal responsibility 54.
Criminal responsibility is acquired at the age of majority. Before the age of 18, the person is deemed to be exempt from criminality responsibility art. 1 of the Minors Protection Act.
VIETNAM
Source: CRCC65 Add. 20, 5 July 2002; CRCC3Add.4, 22 October 1992
School-leaving age
From CRCC3Add.4 of 22 October 1992
63f.
The Law on the Universalization of Primary Education states that children from 6 to 14 years of age shall receive primary education and complete it i.e. complete fifth grade
188.
With respect to the Law on the Universalization of Primary Education: a Article 1 states that primary education i.e. from first to fifth grade is compulsory for every Vietnamese child between the ages of six and ten
years.
Minimum age of employment
From CRCC65Add.20 of 5 July 2002
245.
The Labour Code 1994, article 6, states that ‘‘A labourer must be at least 15 full years old, have the ability to work, and have a labour contract’’; article 119, section 1, stipulates: ‘‘A juvenile labourer is one who is under 18
years of age’’; section 2 of this article stipulates: ‘‘It is strictly forbidden to misuse the labour of minors’’; article 120 stipulates: ‘‘It is forbidden to employ children below 15 years of age, except in some occupations designated
by MOLISA’’; article 121 stipulates: ‘‘An employer is allowed to employ minors only for jobs suited to a minor’s health in order to protect the development of their physical and intellectual conditions as well as their
personality, and has the responsibility to take care of the minor labourers’ work, salary, health and education during their working process. It is strictly forbidden to use minors in hard or dangerous jobs or in work which
requires frequent contact with noxious substances named in the list provided by MOLISA and MOH’’. Government Decree No. 38CP of 1996 stipulates the administrative sanctions for violations of labour
legislation.
146
Minimum age for marriage
From CRCC3Add.4 of 22 October 1992
