At What Age?...
...are school-children employed, married and taken to court?
Mali
Source: CRC/C/3/Add. 53 Date: 8 September 1997
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School-leaving age

142. […] the Constitution, […] establishes the right to education, and Decree No. 314 […] compulsory schooling for all Malian children […]

Minimum age of employment

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.

Minimum age for marriage

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".

Minimum age for criminal responsibility

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.