At What Age?...
...are school-children employed, married and taken to court?
Guatemala
Source: CRC/C/65/Add. 10 Date: 29 March 2000 and CRC/C/3/Add. 33 Date: 20 April 1995
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School-leaving age

From CRC/C/3/Add. 33 of 20 April 1995

99. With regard to education, article 74 of the Political Constitution states that all inhabitants have the right and obligation to receive initial, pre-primary, primary and basic education within the age limits established by law.

Minimum age of employment

From CRC/C/65/Add. 10 of 29 March 2000

259. The impoverishment of large segments of the Guatemalan population has meant that many families’ subsistence depends to a large extent on income from child or youth labour, and a high percentage of children have been obliged to seek work in both the formal and the informal sectors.

268. One improvement in the Children and Adolescents Code over the earlier Minors Code is that it deals openly with child labour and even stipulates the establishment of administrative and organizational bodies. However, it does not provide specific standards to regulate, protect, reduce or eradicate child and juvenile labour, which is still regulated by the Labour Code and the Constitution.

From CRC/C/3/Add. 33 of 20 April 1995

100. Article 102, paragraph l, of the Political Constitution states, with regard to the minimum social rights established in the labour legislation that "minors under 14 years of age may not be employed in any kind of work, with certain exceptions provided by law" (art. 150 of the Labour Code).


101. The labour legislation specifies the exceptional cases in which minors may work: for example, on production of a permit issued by the General Labour Inspectorate when, by way of exception, a minor aged under 14 years may be authorized to work a six-hour day, and a minor over the age of 14 years may be authorized to work up to seven hours. For the purposes of such authorization it must be verified that the minor will work as an apprentice or because he or she needs to contribute to the family economy, and that the work in question is light in its duration and intensity and will not prejudice the physical, mental or moral health of the young worker, and that the requirements of his or her compulsory education are met in some way.

Minimum age for marriage

From CRC/C/65/Add. 10 of 29 March 2000

69. With regard to the concern expressed by the Committee on the Rights of the Child in relation to the minimum age for marriage in the case of girls, an initiative has been launched under the Women and Legal Reform Project of the National Women’s Office, involving a proposed amendment to article 81 of the Civil Code, Decree Law 106, setting 16 as the minimum age at which young people may marry. That would be an improvement insofar as it would establish equal conditions for girls and boys.

From CRC/C/3/Add. 33 of 20 April 1995

98. Articles 81, 82 and 83 of the Civil Code stipulate that males from the age of 16 and females from the age of 14 may contract marriage, provided that they have the permission of both their parents or of the person who exercises paternal authority or guardianship over them. If the parents disagree or the person entitled to give permission refuses to do so, authorization may be granted by a judge.

Minimum age for criminal responsibility

From CRC/C/65/Add. 10 of 29 March 2000

70. Concerning the legally established minimum age of criminal responsibility and deprivation of liberty, article 160 of the Children and Adolescents Code states: "All persons aged at least 12 but under 18 at the time they commit an act in conflict with criminal law or special laws shall be subject to this law."