| School-leaving age |
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375. Compulsory education is governed by the
Schulpflichtgesetz (Compulsory Education Act). Under
this law, compulsory education commences on 1 September
following a child's sixth birthday and lasts for nine school
years. Children who are not yet of school age must be
admitted, at the request of their parents or persons responsible for their upbringing, to first grade
at the beginning of the school year if they reach
the age of six before the end of the current
calender year and are "mature enough" for school. If a school-age
child is not "mature enough" for school, it has the opportunity to
attend preparatory school instead. Adolescents in apprenticeship or other
forms of vocational training must attend vocational school
in addition to vocational training (compulsory vocational education; compulsory agricultural
and forestry education). |
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| Minimum age of employment |
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492. Child labour is generally prohibited in
Austria. Thus, children under the age of 15 must not perform
any type of work. The employment of children solely for
teaching and educational purposes as well as the engagement of
one's own children in light household activities for a limited
period of time (e.g. helping with the cooking, washing dishes
and tidying up) cannot be regarded as child labour, provided
that there is no risk of economic exploitation or the
upbringing or health of the child being endangered by such
activities.
493. Not included in this ban on the
employment of children is the engagement of children from the
age of 12 in certain light and occasional work, such as
employment in a family business, running errands, assisting on
playing and sports fields or collecting flowers, herbs and
fruit. In each case of employment of children, the approval of
the legal representative is necessary. Such employment must
not endanger the child's physical and mental health and
development or morals, or expose him/her to the danger of
accidents or to the effects of detrimental or hazardous
substances. Furthermore, the permitted employment of a child
must not in any way prevent or restrict him/her from attending
school. Employment is permissible for a maximum of two hours
per day, and school lessons and employment combined may on no
account exceed seven hours per day. In fact, prohibited "child
labour" is practically non-existent in Austria; even as far as
the permitted employment of children is concerned (e.g.
helping in the house), very few difficulties arise.
492. Child labour is generally prohibited in
Austria. Thus, children under the age of 15 must not perform
any type of work. The employment of children solely for
teaching and educational purposes as well as the engagement of
one's own children in light household activities for a limited
period of time (e.g. helping with the cooking, washing dishes
and tidying up) cannot be regarded as child labour, provided
that there is no risk of economic exploitation or the
upbringing or health of the child being endangered by such
activities.
493. Not included in this ban on the
employment of children is the engagement of children from the
age of 12 in certain light and occasional work, such as
employment in a family business, running errands, assisting on
playing and sports fields or collecting flowers, herbs and
fruit. In each case of employment of children, the approval of
the legal representative is necessary. Such employment must
not endanger the child's physical and mental health and
development or morals, or expose him/her to the danger of
accidents or to the effects of detrimental or hazardous
substances. Furthermore, the permitted employment of a child
must not in any way prevent or restrict him/her from attending
school. Employment is permissible for a maximum of two hours per day, and school
lessons and employment combined may on no account exceed
seven hours per day. In fact, prohibited "child labour" is practically non-existent
in Austria; even as far as the permitted employment
of children is concerned (e.g. helping in the
house), very few difficulties arise.
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| Minimum age for marriage |
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69. Special rules apply to the right to
marry. A man attains the legal age of consent for marriage on
his nineteenth birthday and a woman on her sixteenth birthday.
In individual cases, the court may declare, on application,
that a man who has reached the age of 18 and a woman who has
reached the age of 15 are of legal age for a particular
marriage, provided they appear ready for marriage (sect. 1 of
the Ehegesetz(Marriage Act)). Irrespective of the legal age of consent
to marry, a minor requires the permission of his legal guardian
and the person with care and legal responsibility. This permission
may be granted by the court if no
justified reasons exist for a refusal (Marriage Act, sect.
3)..
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| Minimum age for criminal responsibility |
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84. With regard to criminal liability, the
Jugendgerichtsgesetz 1988 (Juvenile Courts Act),
Federal Law Gazette No. 599, distinguishes between "under-age
persons", i.e. persons who have not yet attained the age of
14, and "adolescents", i.e. persons who have attained the age
of 14, but are not yet 19 years old. Under-age persons who
commit a punishable offence are "incapable of crime", i.e.
they are not liable to prosecution (sect. 4, para. 1). If
necessary, the youth welfare service will take action. The
same applies to adolescents who commit criminal offences, on
the following conditions:
If, for particular reasons, they are not yet
mature enough to realize that the deed was wrong or to come to
this realization;
In certain circumstances if they commit a
misdemeanour (a criminal offence of less severity) before they
are 16;
Generally, if the offence is of a minor
nature (in this event, adults are not prosecuted either).
449. Criminal liability in Austria basically starts at
the age of 14, young people under 14 are not liable to
prosecution. Young people under 16 are not liable to
prosecution for misdemeanours (i.e. deliberate acts which are
punishable by no more than three years of imprisonment, as
well as all offences caused by negligence). Furthermore, the penal regulation for all defendants
is also worth mentioning, under which minor offences and offences which can
be remedied are not liable to prosecution, if, from
the aspect of prevention, punishment is not necessary.
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