At What Age?...
...are school-children employed, married and taken to court?
Colombia
Source:CRC/C/70/Add. 5 Date: 5 January 2000 and CRC/C/8/Add.3 Date: 10 June 1993
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School-leaving age

From CRC/C/8/Add. 3 of 10 June 1993

 

39. The Colombian Constitution of 1991 states in article 67, paragraph 3, that: "The State, society and the family are responsible for education, which shall be compulsory for children between the ages of five and fifteen years and shall include at least one year of pre-school education and nine years of basic education". Furthermore, Decree No. 2737 of 1989 provides in articles 7 and 311 that:

"Every minor shall have the right to receive the education that is necessary for his or her full training. This education shall be compulsory up to the ninth grade of basic education and shall be free when provided by the State".

Minimum age of employment

From CRC/C/70/Add. 5 of 5 January 2000

349. The various national agencies consider that the spirit of ILO Convention No. 138 has in fact been broadly incorporated into domestic legislation, which prohibits minors under the age of 14 from working and regulates the working days, salaries and other labour rights of young people aged between 14 and 18.

From CRC/C/8/Add. 3 of 10 June 1993

43. Decree No. 2737 of 1989, Colombia's Minors' Code, deals in its articles 237 to 264 with the question of minors working in circumstances that are not authorized by law. It states that work by minors under the age of fourteen is prohibited and requires the parents to arrange for them to attend education centres. Exceptionally, and in special circumstances defined by the Defensor de Familia, children over the age of twelve years maybe allowed to work by the labour inspector or, in his absence, by the senior local authority, upon application made by the parents or, in their absence, by the Defensor de Familia.

Minimum age for marriage

From CRC/C/8/Add. 3 of 10 June 1993

49. This question is dealt with in article 116 of the Colombian Civil Code, which states that: "Persons over the age of 18 years may enter freely into matrimony". Article 117 of the Code goes on to state that minors may not enter into matrimony without the express written permission of their parents or legal representatives.

Minimum age for criminal responsibility

From CRC/C/8/Add. 3 of 10 June 1993

199. As we mentioned with reference to section 12, persons under the age of 18 years are considered inimputable under Colombian law. They can be recognized as being the perpetrator or participant in a criminal offence but they are regarded as not having responsibility for their actions. The minor may have committed the unlawful act but he is not guilty of it. The logical consequence of this system is the application of measures instead of penalties.