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National law and policies on minimum ages – East Timor

 

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/TLS/1, 28 June 2007
 
Minimum age for the end of compulsory education
24. [… ] There is […] no current minimum school-leaving age, but an Education Policy Paper is being drafted and there are ongoing discussions on whether compulsory basic schooling should be six or nine years.
 
Minimum age for admission to employment
23. […] different legal minimum ages are prescribed in various domestic laws as follows: Engagement in light work: 12 years old, UNTAET Regulation No. 2002/5 on the Establishment of a Labour Code for East Timor, section 11.2; Employment: 15 years old, UNTAET Regulation No. 2002/5 on the Establishment of a Labour Code for East Timor, section 11.2; Hazardous work: 18 years old, UNTAET Regulation No. 2002/5 on the Establishment of a Labour Code for East Timor, section 11.1;
 
Minimum age for marriage
23. […] different legal minimum ages are prescribed in various domestic laws as follows: […] Marriage: 15 years old for woman and 18 for men, Indonesian Civil Code, article 29;
 
Minimum age for criminal responsibility
227. The current minimum age for criminal responsibility is 12 years (for a serious crime) and 17 (for a minor crime), due to UNTAET Regulation No. 2000/30 on the Transitional Rules of Criminal Procedure, which raised the age from the Indonesian legal minimum age of 8 years. That regulation provides that children “under 12 years of age shall be deemed incapable of committing a crime and shall not be subjected to criminal proceedings. A minor between 12 and 16 years of age may be prosecuted for criminal offences only in accordance with such rules as may be established in subsequent UNTAET regulations on juvenile justice; provided, however, that minors between 12 and 16 years of age may be prosecuted under the provisions of the present regulation for any offence which under applicable law constitutes murder, rape, or a crime of violence in which serious injury is inflicted upon a victim”.
228. This means that children at the age of 17 years old are prosecuted as adults. The draft Penal Code that has been approved by the Council of Ministers but not yet promulgated by the President provides for criminal responsibility at 16 years old. The Code also states that special regulations for young offenders between 16 and 21 years old will be provided for in a separate law.
 
Source: Initial report: CRC/C/TLS/1, 28 June 2007