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National law and policies on minimum ages – Egypt

 

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.9, 11 November 1999
Initial report: CRC/C/3/Add.6, 11 December 1992
 
Minimum age for the end of compulsory education
From 2nd report
138. The provisions of the Children's Code dealing with education are consistent with those of the Constitution and the Education Act referred to in the initial report, […] namely that all children are entitled to education during the first, compulsory, stage, that education is provided free of charge and that children who must work have an opportunity to catch up. […]
From initial report
230. The Education Act No. 39 of 1981 amended by Act 233 of 1988 states: Article 15: Basic education shall be the right of every Egyptian child who has attained the age of six. The State shall provide it and parents or custodians are bound to abide by it, for the duration of eight years. […]
 
Minimum age for admission to employment
From 2nd report
48. Under the Children’s Code the minimum age for admission to employment is 14 years. Subject to a decision by the governor of the province concerned and with the agreement of the Minister of Education, it is legal to give children in the 12 to 14 age group training in seasonal employment provided that their physical growth, health and regular attendance at school do not suffer thereby. The minimum age for membership of a workers’ trade union is 15 years.
 
Minimum age for marriage
From 2nd report
46. The minimum age for marriage is set at 18 for males and 16 for females.
 
Minimum age for criminal responsibility
From 2nd report
50. A child under seven years of age is not regarded as criminally responsible (article 94 of the Children’s Code).
 
Sources:
2nd periodic report: CRC/C/65/Add.9, 11 November 1999
Initial report: CRC/C/3/Add.6, 11 December 1992