34. Promulgated in 1992, the Public Education Act specifies the different stages of education and provides for continuation of the basic stage for eight years instead of six. Basic education begins with the pre-school stage at the age of four, which means in principle that primary school enrolment takes place at the age of six. One of the educational policies adopted is to ensure that compulsory basic education is universally available by 2000, in which connection sovereign decrees were promulgated with a view to encouraging all families to enrol their children in school at the basic stage. Educational regulations were also issued, specifying six years as the age of school admission, although pupils may still be admitted up to the age of nine years. In other words, compulsory education ends at the age of 14 years for pupils admitted at six years of age and at the age of 16 years for pupils admitted at eight years of age.

271. […] The State is endeavouring to introduce the basic stage countrywide with a view to gradually declaring it compulsory, beginning in 1998. Thus far, three states, which account for 20 per cent of the population, have declared education to be compulsory. […]

35. […] the Labour Act of 1997, […] regulate[s] the method of admission to employment or work and cover hazardous work, part-time work and full-time work, as follows:

(a) The Act stipulates that children under 18 years of age are not permitted to work, with the exception of those employed in government-run training schools, in non-profit-making training workshops or in family-owned businesses in which only other family members are employed under supervision of the owner, and those employed under an industrial apprenticeship;

(b) The Act defines a "young person" as any individual under the age of 16 years;

(c) The Act prohibits the employment of young people in jobs which are hazardous or harmful to health or which are physically demanding and in jobs or occupations which are detrimental to their morals, pursuant to article 21 of the Labour Act of 1997;

(d) The Act stipulates that young people may not be employed at night between the hours of 8 p.m. and 6 a.m., nor may they work overtime or during official or weekly holidays or for longer than seven hours, a period which must be interspersed with one hour’s rest with pay. Moreover, young people may not work for more than four hours continuously.

36. Given that the basis of marriage is consent, article 34 of the Personal Status of Muslims Act of 1991 stipulates that a guardian may give a mature woman in marriage if she consents to the husband and to the dowry. Her statement of her maturity is accepted unless it is conspicuously false. Information has already been provided on how maturity is determined, namely on the attainment of puberty or the appearance of unmistakable physical signs. Article 40 of the Act nevertheless permits the marriage of a person of discretion; in accordance with paragraph 2 of the article, discretion is acquired at 10 years of age. A 10-year-old male is therefore permitted to marry if it is demonstrated that the marriage is likely to be in his interest. A guardian may not, however, give a 10-year-old girl in marriage without the consent of the judge, which is based on the considerations of advantage and good reason, provided that the husband is suitable and the dowry equals that of the girl’s peers.

37. The marriage of non-Muslims is regulated by the Marriage of Non-Muslims Act of 1926, article 10 of which stipulates that the competent court may invalidate a marriage entered into under the Act by a male under 15 years of age or a female under 13 years of age.

38. As for minors, the Act stipulates that their consent is required for marriage. Article 29 provides that if either one of the couple to be married is under 21 years of age and is not widowed or divorced, it is essential to obtain the written and signed consent of the father, or of the mother if the father is deceased, delinquent or outside the country, or of the guardian if both parents are deceased, delinquent or outside the country. In all cases, if the party in question has no parent or guardian resident in the Sudan who is qualified to consent to the marriage, the judge of the court may give his written consent if, after interviewing the couple, he is persuaded that the marriage is appropriate. In such cases, his consent has the same effect as the consent given by a father or mother. […]

54. In accordance with the law, the basis for marriage is maturity, the definition of which is given in this report. In Sudanese law, there is no difference between girls and boys in regard to the legal marriageable age, which is 10 years. There is a difference, however, in that, for the marriage of a discerning young girl, the law additionally requires that the judge must give his permission, the husband must be deemed suitable and the dowry must equal that of her peers. This requirement is stipulated out of concern for girls and in order to prevent any form of exploitation.

40. Article 8 of the Sudanese Penal Code of 1991 stipulates that criminal responsibility applies only to persons who are legally obliged to fulfil the precepts of the law and also capable of exercising free choice. In regard to acts of minors, article 9 provides that a minor who has not attained maturity is not deemed to have perpetrated an offence. The measures of care and reform stipulated in the Code must, however, be applied in the case of all such persons over seven years of age, as the court deems fit. Accordingly:

(a) A person having attained seven years of age has no criminal responsibility;

(b) Article 3 stipulates that "a mature person" means any person showing the unmistakable physical signs of proof that he has reached puberty, which could apply to a person having attained 15 years of age. Any person having attained 18 years of age is considered mature, even if he shows no such signs of maturity;

(c) Pursuant to article 3, a child is not considered responsible for a criminal act, although he is subject to the measures of care stipulated in article 47, pursuant to which the court may apply such measures to a young suspect who was over 7 and under 18 years of age at the time of perpetration of the criminal offence, as well as reform measures intended to improve and correct behaviour.