| School-leaving age |
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From CRC/C/93/Add.2 of 18 October 2002
30. Approval has been granted to extend the period of compulsory education up to the end of the preparatory stage. This will be known as basic education and will entail raising the age for the completion of compulsory education to 16 full Gregorian years. The arrangement will be put into effect as soon as the requisite financial resources become available.
129. Education is free of charge at all stages and compulsory at the primary stage.[…]
143. The Government lends great importance to the stage of primary education. The Syrian Constitution affirms that every child is entitled to an education and that education is compulsory and free of charge at the primary stage. Major efforts are being expended to implement the principle of education for all, as illustrated by the facts adduced hereunder.
(a) The Compulsory Education Act No. 35 of 1981 makes education compulsory for all Syrian children, boys and girls alike, who are aged between 6 and 12 years, and it requires their legal guardians to enroll their children in primary school (art. 2).
From CRC/C/28/Add.2 of 14 February 1996
45. Article 2 of the Compulsory Education Act No. 35 of 16 August 1981 stipulates: "All guardians of male and female Syrian children between 6 and 12 years of age have an obligation to enrol them in primary schools".
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| Minimum age of employment |
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From CRC/C/93/Add.2 of 18 October 2002
32. With regard to the link between the minimum age for employment and the age for the completion of compulsory education, and the effects thereof on the child's right to education, having due regard for the relevant international instruments in this connection, legislation had been enacted to prohibit the employment of young persons who are under 12 years of age (the Labour Code No. 91 of 1959, the Agricultural Relations Act No. 134 of 1985, Legislative Decree No. 13 of 3 April 1982, concerning the employment of children in the home, and the State Employment Statute No. 1 of 1985).
222. The Syrian Arab Republic is undertaking a study to raise the minimum age for the employment of minors to 15 years, in preparation for the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 134).
From CRC/C/28/Add.2 of 14 February 1996
39. The age for admission to employment is legally set at 18 years in accordance with article 7 of the State Employment Statute. Any violation of this provision is punishable under the terms of Legislative Decree No. 13 of 3 April 1982.
40. The legislature left the question of the employment of juveniles under 12 years of age to the discretion of the Minister of Labour and the Office of the Prime Minister.
41. The Minister of Labour promulgated Ordinance No. 415 of 26 August 1959 specifying 17 occupations in which it is prohibited to employ juveniles under 15 years of age. These occupations include the soap, tallow, tanning, cotton ginning and sugar processing industries.
42. The Minister of Labour promulgated Ordinance No. 417 of 26 August 1959 specifying 50 occupations in which it is forbidden to employ juveniles under 17 years of age. These occupations include work underground, in foundries and in the lead and petroleum processing industries. It is also prohibited to employ them to carry, pull or push loads exceeding a certain weight. The Syrian legislature's purpose in setting these minimum ages for admission to employment was to regulate occupations which affect the physical development of children and juveniles, which lead to chronic occupational diseases or which involve the use of dangerous tools or machinery.
43. Under the terms of article 47 of the Agricultural Relations Act No. 134 of 1958, it is prohibited to employ male and female children under 12 years of age in agricultural work. Article 48 further stipulates that adolescents and young persons over 12 but under 18 years of age may be employed in agricultural work only with the consent of their legal guardians.
44. The Prime Minister promulgated Decision No. 3803 of 20 November 1985 approving the model rules of procedure for all public bodies subject to the provisions of the State Employment Statute No. 1 of 1985. The said rules emphasized a number of principles, including the following:
"Juvenile" means any male or female person under 12 years of age. It is prohibited to employ a person under 12 years of age in any occupation and persons under 15 years of age must not be employed in production work. It is prohibited to assign a juvenile to work on dangerous machinery and equipment (hoisting gear, tractors, electrical installations, etc.). The rules prohibit the employment of juveniles in a number of occupations, including cotton-ginning, printing and mining, etc. The rules also prohibit the employment of juveniles between 15 and 18 years of age to carry, push or pull loads exceeding certain weight limits.
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| Minimum age for marriage |
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From CRC/C/93/Add.2 of 18 October 2002
34. In the past, the practice of early marriage adversely affected primary school attendance among girls and was a contributory factor in their failure to continue their education up to the secondary stage. However, this phenomenon is on the wane, and, according to the estimates produced by the 2000 Multiple Indicator Cluster Survey, the average marrying age for Syrian women has risen to 25.1 years.
This is the result of the concerted efforts of the official and popular organizations, particularly the Women's General Federation.
From CRC/C/28/Add.2 of 14 February 1996
37. Syrian law makes a distinction between males and females in regard to marriageable age. Article 16 of the Personal Status Act stipulates: "The age of eligibility for marriage is 18 years in the case of young men and 17 years in the case of young women". Below this age, marriage may be authorized subject to the conditions laid down in article 18 of the Personal Status Act.
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| Minimum age for criminal responsibility |
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From CRC/C/93/Add.2 of 18 October 2002
199. Under the terms of the Juveniles Act, children begin to have legal responsibility after attaining the age of 7 years (art. 2) and cannot be held criminally liable until they have reached the age of 15 (art. 29). There is no sex-based discrimination in the definition of the age of responsibility.
200. Accordingly, the Juvenile Delinquents Act No. 18 of 20 March 1974 divides juveniles into the following distinct categories in respect of legal and criminal responsibility:
(a) The first category refers to children who are incapable of discernment, meaning children who have not attained the age of 7 years and whom the law regards as being entirely absolved of responsibility for any act or offence which they commit, whether it takes the form of a contravention, misdemeanour or felony. Children of this age cannot be tried, prosecuted, arrested or interrogated, nor can general proceedings be taken against them;
(b) The second category refers to adolescents from 7 to 15 years of age. They cannot be sentenced to penalties for acts committed, but may be subject to special reform measures, the purpose of which is to provide for the welfare and reform of the child and ensure that he or she is safely reintegrated into society upon release. […]
(c) The third category refers to adolescents who are aged between 15 and 18 years. Penalties are applied in respect of these juveniles only in one case, namely where they perpetrate a legally designated criminal offence. The penalties are lighter than those imposed on adults who commit the same offence. […] Otherwise, if a juvenile over the age of 15 years commits a contravention or a misdemeanour, he or she is not liable to penalties, but only to reform and welfare measures.
From CRC/C/28/Add.2 of 14 February 1996
34. The legal principles embodied in Syrian law stipulate that a person who is incapable of acting with discretion does not bear civil or criminal responsibility for his acts. Article 165 of the Civil Code contains the following provision:
"1. A person is responsible for his unlawful acts if he commits them while capable of acting with discretion."
35. Article 2 of the Juvenile Delinquents Act further stipulates: "No juvenile shall be liable to criminal prosecution for an offence that he committed when he was under seven years of age".
236. The Juvenile Delinquents Act divides childhood into the following three stages:
(a) The first stage of childhood, from birth to seven years of age. During this stage, the child bears no criminal responsibility (art. 2 of the Juvenile Delinquents Act).
(b) The second stage of childhood, covering adolescents from 7 to 15 years of age. During this stage, although some legal proceedings may be instituted against them, the court cannot sentence them to any penalty whatsoever.
(c) The third stage of childhood, covering juveniles from 15 to 18 years of age.
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