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National law and policies on minimum ages – Bahamas

 

According to the CRC, laws and policies must be directed to the best interest of the child. This is especially so in provisions that aim to safeguard the child against exploitation or an early end to childhood, i.e. in the instances where children are most vulnerable and at risk. Yet such safeguards are often ignored and different areas of legislation found to clash with each other. What happens if the age for the end of compulsory education is 14 but the minimum age of employment is 12? Or vice versa? What if a girl can be married before school leaving age - will she then return to school? And who ensures schooling in prisons, when in reality education should protect children from incarceration?

 

 

 

 

With 192 parties to it, the Convention on the Rights of the Child (CRC) is the most widely ratified UN treaty. Each State Party must submit periodic reports to the Committee on the Rights of the Child, which uses this process to monitor State compliance with the treaty. The vast majority of the information on minimum ages presented on these pages is taken directly from such reports (occasionally, if these failed to include relevant information concerning minimum ages, other components of the reporting process - such as the Committee’s Concluding Observations - were consulted). States Parties’ reports constitute self-assessment by governments and are therefore authoritative sources, emanating directly from those empowered to make decisions. Using this type of sources also permits a range of actors to hold governments accountable for the standards which they report under the CRC. The sections of these reports have been reproduced faithfully, and readers are encouraged to make use of the full original text, available here.

 

Individual country reports are often written by diverse parts of the government, and frequently run to more than 100 pages. Moreover, within some states’ legal systems there are various recognised sources of law, which frequently generate conflicting minimum ages. Distilling precise numbers out of such documents is therefore a precarious task. While we would encourage cross-country comparison, we would also stress the danger that those countries with a more honest engagement with the reporting process might come off worse when compared with those which would mis-represent the degree of compliance, whether wilfully or not. For a full explanation of the principles that guided us in our analysis, please visit the introductory pages here.

 

 

Minimum age for the end of compulsory education

246. […] The Education Act was amended on 13 November 2001, and the compulsory school age is now raised from 5 to 16 years.
 
Minimum age for admission to employment
27. The Employment of Children (Prohibition) Act, 1939 prohibits the employment of children. “Child” was defined in the Act as any person under the age of 14 years. Under this Act, a child cannot be employed in an industrial undertaking or in any work during school hours.
28. The Employment of Young Persons Act, 1939 prohibits the employment of any person under 14 years on a ship. Section 59 of this Act makes it unlawful to employ a young person under the age of 16 years on a ship, except on a ship which employs only family members within the waters of the Bahamas. It also prohibits engaging a young person in night work in the Bahamas. In this Act, a “young person” is defined as anyone who is 12 years and older, but below the age of 16 years.
 
Minimum age for marriage
38. Under the Marriage Act, 1908 a marriage contracted between parties either of whom is under the age of 15 years is void. Under section 50 of this Act, the Supreme Court may, upon application of either party to an intended marriage who has reached the age of 13 years, but is under the age of 15 years, grant a dispensation, in which case the intended marriage may be lawfully solemnized.
39. Under section 32 of the same Act, persons who have reached the age of 18 years may marry without consent. However, the consent of a parent or guardian is needed if the person is under 18 years of age.
 
Minimum age for criminal responsibility

83. This [Rehabilitative and Welfare Services] Division also has responsibility for the Williemae Pratt Centre For Girls and the Simpson Penn Centre For Boys, which are juvenile residential facilities, designed for the detention and career-training of juvenile offenders, between the ages of 10 and 16 years.

 

Source: Initial report: CRC/C/8/Add.50, 28 January 2004

Source: Initial report: CRC/C/8/Add.50, 28 January 2004