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National law and policies on minimum ages – Bosnia and Herzegovina

 

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.28, 14 October 2004
 
Minimum age for the end of compulsory education
Elementary education
256. This type of education is obligatory, free and available under the same conditions for all children.
258. Elementary education lasts 8 years (4+4).
 
Minimum age for admission to employment
46. Minors are allowed to work only when they reach the age of 15, but they are not allowed to work in dangerous occupations, or in occupations with difficult conditions.
384. According to the provisions of the Law on Basic Employment Rights, a person under the age of 18 and who is generally in good health can be employed, but the lower age limit for employment is 15 years of age.
 
Minimum age for marriage
37. According to the provisions of Family Law, a person may not enter into marriage before the age of 18. However, if reasons justify it, a court may in a special procedure allow a minor older than 16 to enter into marriage if it finds that this person (regardless of sex) is physically and psychologically capable of carrying out the rights and duties resulting from marriage.
 
Minimum age for criminal responsibility
40. Punitive measures cannot be imposed on a minor who has not reached the age of 14 (i.e. a child). Minors who were between 14 and 16 years of age at the time when the criminal act was committed may receive only corrective measures.
 
Source: Initial report: CRC/C/11/Add.28, 14 October 2004