At What Age?...
...are school-children employed, married and taken to court?
Israel
Source: CRC/C/8/Add. 44 Date: 27 February 2002
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School-leaving age

156. According to section 1 of the Compulsory Education Law 1949, education is compulsory for children and youth up to age 15 inclusive. As a rule, secondary education over the age of 16, although not compulsory, is provided free until age 18, and education for people with special needs (as defined in the Special Education Law 1977) is provided free until age 21. Under the Apprenticeship Law 1953, being an apprentice is also thought to constitute compulsory education (as defined by section 2A(a) of the Compulsory Education Law 1949). Youth who do not attend an education framework that is under the surveillance of the Ministry of Education thus still have the right to a basket of services under section 6 of the Compulsory Education Law 1949 (see Chapter IX).

Minimum age of employment

157. […] Section 2 of the Youth Employment Law 1953 generally forbids the employment of children who have not yet reached the age of 15 or who are subject to compulsory education under the Compulsory Education Law 1949. […] In effect, it is usually permissible to employ a minor from the age of 16.

158. Under section 2 of the Youth Employment Law 1953 it is permissible to employ a child who has reached the age of 15 and who works as an apprentice under the Apprenticeship Law 1953; a child age 15 who has completed his compulsory education; and a child age 14 whose employment has been approved by the Minister of Labor and who has been excused from compulsory education. Employers of youths of compulsory school age are required to release them to attend school, without debiting their salary, during school days and hours. Failure to fulfill this obligation is a criminal offense (under section 4(c) of the Compulsory Education Law 1949). Children who have not yet reached the age of 14 may work during official school vacations in light jobs that do not endanger their health or development (section 2A of the Youth Employment Law 1953). Under section 4 of the Youth Employment Law 1953, the Minister of Labor and Social Affairs may permit the employment of children under the age of 15 in artistic productions or advertising photographs, for a limited time. […]

Minimum age for marriage

160. The Marriage Age Law 1950 stipulates that the minimum age of marriage, for men and women, is 17. According to section 2 of the law, it is a criminal offense to marry a young man or woman who has not reached the age of 17, or to assist in conducting the marriage of such young men and women. The young man or woman does not commit an offense under the law if he or she marries prior to reaching age 17, unless his or her partner has also not reached the age of 17.

161. According to section 5 of the law, Family Court is authorized to permit the marriage of a young woman if she has conceived or given birth to a child by the man whom she wishes to marry, and may permit the marriage of a young man if the woman whom he wishes to marry has conceived or given birth to his child. Under certain circumstances, the court may permit the marriage if the young man or woman have reached the age of 16. Circumstances that invoke the court’s leniency are the desire of the youths and their parents for the marriage, ethnic customs, economic considerations, and extensive preparations for marriage (see Civil Appeal 50/81 Attorney General v. Anonymous Defendant, P.D. 35(4) 430; Civil Appeal 690/77 Hanifam v. State of Israel, P.D. 42(1) 531).

162. According to Jewish religious law (halacha), which in Israel confers validity on the marriage of Jews conducted within its borders, it is possible to marry a girl of any age, but the girl herself may decide to marry only when she has reached the age of 12 and a half. A Jewish boy may be married from the age of 13, and he himself may decide to marry at this age. According to Moslem law (shari’a), a father may promise his daughter in marriage from the age of nine, but a girl may decide to marry only when she has reached the age of 17. A Moslem boy may be married from the age of 12, and he himself may decide to marry from the age of 18. According to the Christian law practiced in Israel, a boy may marry from the age of 16 and a girl from the age of 14. Under all of the religious laws reviewed, the age of marriage of girls is younger than that of boys. In any case, as noted, the criminal sanction against the marriage of children is stipulated in a Knesset law, which also sets a uniform marriage age for boys and girls of all religions. In reality, the marriage rate of young men and women in Israel is very low.

Minimum age for criminal responsibility

165. Section 34F of the Penal Law 1977 stipulates that "an individual is not criminally liable for an act he committed before reaching the age of 12 years". Nevertheless, delinquent acts of children under age 12 may be cause for initiating tortious proceedings under the Youth (Care and Supervision) Law 1960. Minors who have not reached the age of 13 will be prosecuted only in consultation with a probation officer (see section 12 of the Youth (Trial, Punishment and Modes of Treatment) Law 1971).