| School-leaving age |
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From CRC/C/93/Add.1 of 19 September 2002
227. The law makes provision for the basic education of children, establishing, as a first principle, that it is free and compulsory. According to article 1 of Act No. 95 of 1975: "Primary and intermediate education is compulsory for all children, boys and girls alike, in accordance with the terms set forth in the present Act." Article 2 of the Act stipulates: "Compulsory school age begins at 6 years, calculated from the September closest to the student's sixth birthday."
228. The provisions of the said Act apply to children over the age of 6 and not yet 15 at the time of its entry into force. They also make it compulsory for a guardian to enroll his child of compulsory school age in primary school and to ensure his or her regular attendance therein up to the intermediate stage. According to article 12 of the Act, any guardian who fails in this duty is liable to a penalty of a fine and will be denied access to government aid, assistance and loans as well as banking loans. Furthermore, any license which he or she may hold will be revoked or will not be renewed.
From CRC/C/28/Add. 6 of 26 September 1996
127 (a). The education system consists of all components of the educational infrastructure;
(b) The education system comprises four levels of study: kindergarten, basic education, intermediate education and higher education;
(c) The basic level of education in the Libyan Arab Jamahiriya is compulsory for male and female children who have reached the age of school attendance; all levels of education are free of charge;
(d) The periods of schooling are as follows: kindergarten - two years; basic education - nine years; intermediate education - at least three years; higher education - between three and seven years.
133. Basic education. […] All children who have reached the age of six are enrolled at this level, which runs for a period of nine years. […]
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| Minimum age of employment |
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From CRC/C/93/Add.1 of 19 September 2002
22. Article 15 of the Child Protection Act No. 5 of 1997 prohibits the employment of children in any occupation except for purposes of education and vocational training and provided that it complies with the child's wishes. Article 92 of the Labour Act specifies 15 years as the age at which children may be employed and 18 years in the case of hazardous occupations, unless a permit for the employment of a child in certain industries and activities is issued by the competent authorities.
23. Article 93 of the Labour Act specifies 15 years as the age at which juveniles may engage in part-time employment. Only persons who are not juveniles, or who, in other words, have attained 18 years of age, may engage in full-time employment. […]
From CRC/C/28/Add. 6 of 26 September 1996
21. The Libyan legislator provided for action to prosecute the exploitation of children under article 92 of Labour Act No. 58 of 1970, which stipulates: "It is prohibited to employ young people and to admit them to places of work if they are under 15 years of age. The competent authority shall issue directives specifying the terms and conditions under which young persons under 18 years of age may be employed in some industries and occupations and the industries in which it is prohibited to employ young persons under that age. The age of a young person shall be determined in the light of a birth certificate or any other official document, failing which it shall be assessed by a government physician."
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| Minimum age for marriage |
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From CRC/C/93/Add.1 of 19 September 2002
24. Article 6 of Act No. 10 of 1984 regulating marriage and divorce and their consequences specifies that a person becomes eligible for marriage on attaining 20 years of age and that the court may, with the consent of the guardian, authorize marriage before that age if it believes it to be advantageous or beneficial.
From CRC/C/28/Add. 6 of 26 September 1996
38. With regard to the statutory age of marriage, the Libyan Arab Jamahiriya has adopted the provision of United Nations General Assembly resolution 2018(XX) of 1 November 1965 concerning the Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages which stipulates that the minimum age for marriage shall under no circumstances be less than 15 years.
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| Minimum age for criminal responsibility |
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From CRC/C/93/Add.1 of 19 September 2002
29. A minor under 14 years of age is not criminally liable. A minor who is over 14 but under 18 years of age when he commits an offence and who is capable of discernment and of exercising willpower is held to be criminally liable. […]
30. If a minor over 7 and under 14 years of age perpetrates an act which is regarded as an offence in law, he is not held criminally liable. Instead, the judge takes appropriate preventive measures in his regard in accordance with article 80 of the Penal Code. Custodial penalties are applicable to minors under 14 and over 18 years of age [?], although the term of the penalty is reduced by two thirds in accordance with article 81 of the Penal Code. If the minor is incapable of discernment, however, he is treated in the same way as a minor who is not criminally liable in that he is either committed for a period of less than one year to a juvenile education and guidance centre as a preventive measure or he is monitored by his family or by a social assistance institution which is in a position to perform such monitoring, in accordance with articles 150 and 151 of the Penal Code.
From CRC/C/28/Add. 6 of 26 September 1996
42. In the Penal Code, the Libyan Arab legislator has adopted the principle of gradual progression with respect to the criminal liability of young people. As a general principle, a child under 14 years of age is held not to be criminally responsible but it is left to the judge to take appropriate measures if the child had attained the age of 7 when the act deemed to be an offence in the eyes of the law was committed. Article 80 of the Penal Code holds a young person criminally liable who was over 14 but under 18 years of age when he committed an offence and who was endowed with the capacity of discernment and of exercising willpower. […]
43. It follows from the above-mentioned provisions that no action can be taken against a child under seven years of age. If criminal proceedings are brought against him, the court (i.e. the juvenile magistrate) is obliged to acquit him on grounds of absence of accountability.
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