| School-leaving age |
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69. The School Attendance Act, 1926 and its amendments require children to
attend school between the ages of 6 and 15 years. A review
of the School Attendance Act which will, in particular,
raise the minimum school-leaving age to 16 years in line with
the provisions of the White Paper on Education is currently under way. |
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| Minimum age of employment |
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70. The employment of children under the school-leaving age
is generally prohibited. An exception is made where he/she is a full-time student at
an institute of secondary education and is participating in
a work experience course or other similar educational course arranged or approved
by the Minister for Education. However, a child of 14 years
but under the school leaving age of 15 years, may be
permitted to do light, non-industrial, work during the school holidays. Where a
14-year-old child is employed in these limited circumstances it is
only permitted on work which is not harmful to health
or normal development and does not interfere
with the child's schooling. Before employing a child
aged 14 to 15 years, the employer must obtain written
permission from the child's parent or guardian. The
Protection of Young Persons (Employment) Bill, 1996, proposes to raise the
legal full-time working age from 15 to
16.
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| Minimum age for marriage |
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73. The current minimum age for marriage is 16 years. The
High Court may grant exemption from this requirement. Under
section 1 of the Marriages Act, 1972 a marriage involving a
party under 16 years which had not received the requisite
court approval would be void. Those under 21 years who wish to
marry are, with certain exceptions, legally obliged to obtain
the consent of parents or, where appropriate, guardians. The
Family Law Act, 1995, increases the minimum age of marriage to
18 years and removes any requirement for parental consent. It also provides for a minimum period of notice
of marriage of three months. There is provision for exemption by court
order of the notice requirement to meet situations where the
inflexible application of the requirement would be
unfair. |
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| Minimum age for criminal responsibility |
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76. There is a conclusive presumption in Irish law that a
child under 7 years is incapable of committing an offence. There is a rebuttable presumption that
a child between 7 and 14 years is incapable
of committing an offence, i.e. it must be proved not only that the
child committed the offence but that he or she knew
that it was wrong. These ages
are being reviewed in the context of the examination
of the juvenile justice system currently taking
place. |
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