| School-leaving age |
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142. […] the Constitution, […] establishes
the right to education, and Decree No. 314 […] compulsory
schooling for all Malian children […]
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| Minimum age of employment |
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31. Social legislation prohibits "employing
women and children in work for which they are not strong
enough, which involves danger or which, because of its nature
and the conditions in which it is performed, may be contrary
to moral standards". The enabling act contains detailed
provisions on work prohibited to children and the age limits
for employing a child for a particular task. The minimum age
for employment is 14 years, but the enforcement of legislation
in this regard is very difficult because of the country's
economic situation: the informal sector hires young people for
work which is not always authorized by law. There are also
some apprenticeship traditions which involve the employment of
children. This explains Mali's reservation to article 32 of
the Convention.
168. National legislation includes article L.187 of the
Labour Code, which stipulates the following: "Children cannot
be employed in any enterprise, even as apprentices, before the
age of 14, except under a written derogation issued by the
Ministry of Labour on the basis of the local circumstances and
the tasks which they might be asked to perform". This article
would be in conformity with article 32 of the Convention on
the Rights of the Child if it included regulations governing
work schedules and penalties. It is worth noting that efforts
are being made by both State and community bodies to organize
the informal sector, in which many children and young people
work.
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| Minimum age for marriage |
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28. […] The Marriage and Guardianship Code
indirectly sets the age of majority at 21 years for boys and
18 years for girls. A boy may thus legally contract marriage
in an independent way at age 21 and a girl, at age 18. "A boy
who has not reached the age of 21 and a girl who has not
reached the age of 18 may not contract marriage without the
consent of their parents" (art. 11 of the Marriage and
Guardianship Code).
29. However, the law allows a boy aged 18 years and a girl
aged 15 years to marry with the consent of their parents.
Article 4, paragraph 1, and article 11 of the Marriage and
Guardianship Code read: "A boy who has not reached the age of
18 and a girl who has not reached the age of 15 may not
contract marriage ..." and "A boy who has not reached the age
of 21 and a girl who has not reached the age of 18 may not
contract marriage without the consent of their parents".
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| Minimum age for criminal responsibility |
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164. Act N. 87-98/ANRM of 9 February 1987 on
the criminal responsibility of minors and the establishment of
juvenile courts contains detailed rules governing the
administration of criminal justice for minors, who are divided
into two categories: (a) minors under 13 years of age, whom
the law regards as having no criminal responsibility whatever;
and (b) minors from 13 to 18 years of age, who may be regarded
as criminally responsible if the court finds that they have
understood the consequences of their acts.
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