| School-leaving age |
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From CRC/C/11/Add. 4 of 6 September 1994
50. Under the Act of 29 June 1983, full-time education is compulsory from the age
of 6 to 15. From his sixteenth to his eighteenth birthday, a young person is
obliged to pursue at least part-time education; he thus has a choice between full-time
or part-time education. |
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| Minimum age of employment |
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From CRC/C/11/Add. 4 of 6 September 1994
51. From the age of 15, a young person
engaged in part-time education can enter into a contract for
part-time ordinary work. In such cases, the young person is
normally covered by all aspects of the social security system,
except the pension fund, to which he accordingly does not
contribute. In addition, a working pupil can be recruited
part-time under a practical training contract on condition
that he is registered as seeking part-time work.
52. Under article 7.1.1 of the Labour Act of 16 March 1971 it is
forbidden to employ minors who are still covered by the full-time
education requirement or to employ them on work that
is outside the framework of their education or
training. It is thus only from the age of 18 that a young worker can
enter into a full-time employment contract.
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| Minimum age for marriage |
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From CRC/C/11/Add. 4 of 6 September 1994
55. The age at which a person can lawfully enter into marriage was changed under
the Act of 19 January 1990. New article 144 of the
Civil Code states that the minimum age for marriage, both
for young men and for young women, is uniformly fixed at 18. As things now stand, the age
of legal capacity is the same as the age for
marriage: a young person of 18, being of age, can
marry without needing parental consent. It is possible to obtain permission for
marriage at a younger age "on serious grounds". The juvenile court
is competent to give such permission.
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| Minimum age for criminal responsibility |
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From CRC/C/11/Add. 4 of 6 September 1994
61. A person under the age of 18 at the time
when he committed an "act characterized as an offence" is not
dealt with under the criminal law, but, at the federal level,
under the Protection of Young Persons Act of 8 April 1965.
This Act has been amended and supplemented by decrees by the
Communities, which are now competent in the matter of
protection of young persons.
63. Under article 38 of the Act of 8 April 1965, a minor
brought before the juvenile court can nevertheless be tried as
an adult if he was over the age of 16 at the time of the
offence and if the court considers that any custodial,
preventive or educational measure would be inadequate. In that case, the
juvenile court may, giving reasons for its decision, relinquish jurisdiction
and refer the case to the Procurator's Office with a
view to proceedings before the competent court. In the eyes of the
law, however, such relinquishment of jurisdiction should remain an exception. A
minor under the age of 16 can never be prosecuted
before an ordinary criminal court.
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