At What Age?...
...are school-children employed, married and taken to court?
Chile
Source:CRC/C/65/Add. 13 Date: 25 June 2001
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School-leaving age

202. Since the adoption of the Primary Education Act in 1928 primary education has been compulsory for a period of eight years.

905. Article 10 of the Constitution stipulates that primary education is compulsory. It makes the State responsible for "...financing a system to achieve that objective, which shall be free of charge and shall allow access to the whole population...", which is equivalent to stating the principle that primary education is compulsory, available free to all and provided by the State.

906. Children are admitted at the different levels and for the different streams at the following ages:

(a) preschool education, second transition: 5 years

(b) general primary education, first year: 6 years

(c) secondary education - humanistic/scientific
and technical/vocational, maximum age: 18 years.

Minimum age of employment

1089. Chilean legislation governing the minimum age for admission to employment lays down the following rules (art. 13):

(a) A person aged 18 or over has full capacity to accept employment and may freely enter into contracts of service.

(b) Persons over age 15 but under age 18 may only work with the express permission of his father or mother, grandparents, guardians or the labour inspector, in the order given, each acting in the absence of those preceding them.

(c) When the authorisation is given by a labour inspector, the latter must bring the circumstances to the attention of a juvenile judge, who has the power to quash the authorisation if he considers that it will have undesirable consequences for the minor.

(d) Minors between ages 14 and 15 may only work if they comply with the system of authorisation referred to in the previous section and then only subject to the following additional requirements:

- that they have completed their minimum compulsory schooling; and

- that the work is light, is not prejudicial to their health or development and does not interfere with their attendance at school or participation in educational programmes.

(e) Minors under age 14 are prohibited from working.

Minimum age for marriage

206. In order to marry, persons aged under 18 but over 14 in the case of boys or over 12 in the case of girls require the express consent of their father or, in his absence, of their mother or of a legitimate ascendant of a close degree of affinity or, failing that, of a guardian or Civil Registry official (arts. 106 and 107 of the Civil Code).

Minimum age for criminal responsibility

212. The following persons are exempt from criminal responsibility:

(a) Children aged under 16 years;

(b) Children aged over 16 but under 18 who are not deemed to possess "discernment".

1032. Briefly, it may be said that the formula used for purposes of declaration of non-imputability is a combination of biological and psychological criteria based on three presumptions, viz.:

(a) beginning at age 18: automatic presumption of full imputability ;

(b) under age 16: automatic presumption of absolute non-imputability;

(c) between ages 16 and 18: simple legal presumption of non-imputability, which may be invalidated if it is established by a special procedure conducted by a juvenile judge that the minor acted with discernment.