Skip to Content

National law and policies on minimum ages – Belarus

 

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.

Sources:

2nd periodic report: CRC/C/65/Add.15, 26 September 2001
Initial report: CRC/C/3/Add.14, 29 June 1993
 
Minimum age for the end of compulsory education
From 2nd report
198. […] Basic schooling is compulsory for all children. […]
From initial report
33. The age for basic education (which lasts nine years) is defined in article 16, "General secondary education", of the Education Act of the Republic of Belarus. Article 16 (3) of the Act reads as follows: "Education shall begin from the age of six or, on medical grounds and with the parents' consent, later". In most cases, therefore, a child's basic education is completed at 15 years of age. […]
 
Minimum age for admission to employment
From 2nd report
51. Under article 173 of the Labour Code, no contract of employment may be concluded with persons below the age of 16. With the written consent of one of the parents (tutors or guardians) a contract of employment may be concluded with a minor who has reached the age of 14.
 
Minimum age for marriage
From initial report
29. The minimum age for marriage is set by article 16 of the Code on Marriage and the Family at 18 years […] There is, however, an additional stipulation in article 14 (4) of the Civil Code that citizens contracting a marriage before reaching 18 years of age acquire full legal capacity from the time of the marriage.
 
Minimum age for criminal responsibility
From 2nd report
43. The general rule is that criminal liability may be incurred by persons aged 16 and over when the offence is committed. Those committing an offence when aged between 14 and 16 may incur criminal liability for certain grave offences (murder, rape, assault with intent to rob, and robbery). 
 
Sources:
2nd periodic report: CRC/C/65/Add.15, 26 September 2001
Initial report: CRC/C/3/Add.14, 29 June 1993