Skip to Content

National law and policies on minimum ages – Cambodia

 

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.

 

Source: Initial report: CRC/C/11/Add.16, 24 June 1998
 
Minimum age for the end of compulsory education
189. The Constitution provides as follows: “Art. 68: The State shall provide all citizens with primary and secondary education in State schools free of charge. Citizens shall receive education for at least 9 years.”
190. State Council Decree-Law No.30 dated 20 November 1986 relating to general education provides as follows: “Chapter 2, art. 3: Primary education establishments shall accept children from the age of 6 and shall encourage them to complete their schooling.”
 
Minimum age for admission to employment
24. Article 173 of the Labour Act provides that children of either sex below the age of 16 may not be employed as wage or salary earners, supervisors or apprentices in any enterprise. Article 177 specifies that parental consent is required for the employment of children below the age of 18.
 
Minimum age for marriage
23. Article 2 of the Marriage and Family Act strictly prohibits early marriage. Article 5 of the same Act sets the minimum marriageable age as 18 for girls and 20 for boys. […]
 
Minimum age for criminal responsibility
25. While the minimum age of criminal responsibility is not specified, the provisions relating to the judicial system, criminal law and criminal procedure in force during the transitional period, which are still valid inasmuch as they do not run contrary to the Constitution and have not been replaced by new provisions (hereinafter referred to as the “Transitional Criminal Law”), provide in their article 14 that minors aged below 12 years may not be held in pre-trial detention. Minors aged between 13 and 18 may not be held in pre-trial detention for longer than one month. […]
 
Source: Initial report: CRC/C/11/Add.16, 24 June 1998