At What Age?...
...are school-children employed, married and taken to court?
Barbados
Source: CRC/C/3/Add. 45 Date: 11 February 1997
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School-leaving age

27. The Education Act 1981 (chap. 41) provides for a coordinated and effective system of public education related to the needs of the people of Barbados. In this Act, a child is defined as "a person under the age of sixteen (16) years" (sect. 2 (1)). Consequently, section 2 (1) affirms that compulsory school age means any age between 5 and 16 years.

Minimum age of employment

28. The Employment (Miscellaneous Provisions) Act 1977 (chap. 346) makes provisions regarding the employment of persons, referred to as "child" and "young person". Section 2 states that a child is "a person under the age of fifteen (15) years while section 2 (d) defines a young person as "a person who is at least fifteen (15) years of age but under the age of eighteen (18) years".

29. This definition of a young person is further supported by the Factories Act (chap. 347), which was passed to revise and consolidate the Law relating to factories and the safety, health and welfare of persons employed therein. Section 2 of that Act defines a "young person" as one who has attained the age of 15 years but is under the age of 18.

31. From the above, one can infer that the legal minimum age at which an individual may be employed is after the attainment of his/her sixteenth birthday or the completion of compulsory school age. This inference was made because compulsory school age ceases at age 16. A person of 15 years may be employed outside of school hours (sect. 2).

Minimum age for marriage

34. The minimum legal age at which a person may enter into marriage is 16 years. The Marriage Act (chap. 218 (A)), states that: "a marriage solemnized between persons either of whom is under the age of sixteen (16) is void" (sect. 4). "However, where one of the persons intending to marry is over sixteen (16) years but under eighteen (18) years a parent or lawfully appointed guardian's consent is required, and in the absence of the consent of the above-mentioned parties the Court may dispense with such consent on the application to the Court by either party"(sect.26).

Minimum age for criminal responsibility

37. The Juvenile Offenders Act (chap. 138) addresses the issue of criminal liability. In this Act, the age of criminal responsibility is fixed at age seven years. Below this age a child is considered, in law, to be incapable of committing a crime. In addition to the age requirement, the court must be satisfied that the child has sufficient mental capacity to commit the crime.