At What Age?...
...are school-children employed, married and taken to court?
Mozambique
Source: CRC/C/41/Add. 11 Date: 14 May 2001
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School-leaving age

60. Given the impact of the war and its destruction of the school network and the general structure of the country’s education system, under the new education policies it has been decided that mandatory school attendance is an objective to be achieved gradually. The Council of Ministers shall determine the rate of implementation, in the light of the country’s socio-economic development. Consequently, there is no rigid determination of ages for mandatory school attendance. It is however stipulated that the legal age for admission to basic primary education is six years. The State tries to encourage the registration of school-age children and their continuation throughout the seven classes that make up basic education.

Minimum age of employment

569. The right of Mozambican citizens to work, regardless of their sex, is based on the Constitution, in particular articles 88 and 51. As regards ordinary legislation, it is important to note the principles established in Law 8/98 of 20 July, the Labour Law. Article 79 of this law forbids employers from employing minors under 15 years of age, except in cases of derogation determined jointly by the Ministers of Labour, Health and Education, and with the authorization of their legal representatives. This legal provision allows minors aged between 12 and 15 to work under special conditions. Under the terms of the General Statute of Civil Servants (Decree No. 14/87), the minimum age for admission to the civil service is 18.

Minimum age for marriage

63. The marital age is 18, although boys aged 16 and girls aged 14 can be allowed to marry if they have the consent of their parents or guardian, or through "emancipation". The definition of the minimum age for marriage is affected by the traditional and religious environment that influences many marriages in the country. In general, marital age is related to the concepts of child and adult and marriage can thus take place at ages lower than those stipulated by law […]

Minimum age for criminal responsibility

550. As regards criminal protection measures under ordinary legislation, of relevance are the principles established in the Penal Code, particularly the principle established in article 42, paragraph 1, according to which children under 16 years old are not criminally liable. This legal provision means that no person aged under 16 can be subjected to criminal liability, that is, the person may not be subject to penal measures depriving him/her of his/her liberty.