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National law and policies on minimum ages – Eritrea

 

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 and 3rd periodic reports combined: CRC/C/ERI/3, 23 October 2007
Initial report: CRC/C/41/Add.12, 23 December 2002
 
Minimum age for the end of compulsory education
From 2nd and 3rd reports combined
242. The Government of Eritrea, as part of its transformation of the education sector, has introduced a 12-year academic cycle. The five years of primary school (age 6-10) is compulsory for all citizens. This is followed by three years of middle level education (age 11-13). Completion of middle school education or equivalent is compulsory for all school age children. These levels are followed by four years of secondary education (age 14-17). This level is succeeded by one to five years of tertiary education.
From initial report
87. The Government is committed to making basic education free and compulsory. It plans to achieve not less than 80 per cent access to basic education within the next decade. […]
329. According to the educational policy of the GSE, basic education (grades 1-7) is free and compulsory for all citizens.
 
Minimum age for admission to employment
From 2nd and 3rd reports combined
343. According to the Labour Proclamation No. 118/2001 article 68/1, it is prohibited to employ a person under the age of 14. Further, a contract of employment shall not be enforceable against a person below the age of 18 if it is determined to be prejudicial to the interest of that person (article 9/2).
From initial report
68. According to article 68/1 of labour proclamation No. 118/2001, it is prohibited to employ a person under the age of 14. A contract of employment shall not be enforceable against a person below the age of 18 if it is determined to be prejudicial to the interest of that person (art. 9/2). In addition, article 69 of the proclamation provides that the minister may, by regulation, issue a list of activities prohibited to young employees (between the age of 14 and 18), which shall in particular include:
- Work in the transport of passengers and goods by road, railway, air and sea and in docksides and warehouses involving heavy lifting, pulling or pushing, or any other related type of labour;
- Work connected with toxic chemicals, dangerous machines, electric power generation plants, transformers or transmission lines;
- Underground work, such as mines, quarries and similar works; and
- Work in sewers and digging tunnels.
A young employee may not be assigned to work after 6 p.m. and begin work before 6 a.m. (art. 68 (2)) and may not be made to work for more than seven hours per day (art. 68 (3)).
 
Minimum age for marriage
From 2nd and 3rd reports combined
41. Article 581 of the TCCE as amended by article 46 of proclamation 1/1991 states that no contract of marriage shall be valid if either of the parties is under eighteen years of age.
31. Since the consideration of Eritrea’s first report by the committee, an assessment has been made on the minimum marriageable age in different ethnic groups so as to develop an appropriate sensitization method pertinent to the context. The customary laws of Eritrea do not specifically define the concept of “legal majority”. Under the written customary laws, the legal majority is inferred from marriageable age. For example, the Loggo Chewa Customary Code states fifteen for females and eighteen for males. Most customary laws do not specifically state the minimum age for marriage and other transactions. The unwritten customary laws determine civil majority according to physical maturity, cultural ceremonies and participation in economic activities. The unwritten customary laws supersede the written customary laws in practice. On the other hand, article 1 of the CRC states that “…a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.” The exception stated in article 1 is consistent with the written and unwritten customary laws of Eritrea. The inconsistency appears in the implied gender differentiation in the attainment of majority stated in the customary laws.
From initial report
69. According to article 46 of proclamation No. 1, 1991 of the TCCE, marriage is solely based on the voluntary agreement of both partners. In general, persons have to attain the age of 18 years if they are going to marry. In spite of this, the Code in many articles talks of under-age marriage. But for an under age person to marry, he/she must voluntarily agree and get the permission from his/her parents (article 309/1of the Transitional Penal Code of Eritrea (TPCE)).
[…] With regard to the minimum marriageable age, although the draft Civil Code of Eritrea states that the marriageable age is 18, this does not apply if the man and woman have both attained the full age of 16 years and the woman submits to the authority who will celebrate the marriage a declaration made by a doctor stating that the woman is pregnant or has already given birth to a child (article 581/2 of the draft Civil Code).
70. In many parts of the country, the male elders of the extended families pursue all marriage alliances – usually along religious, ethnic and linguistic lines. Girls are often betrothed between the ages of 8 and 14 and conclude the marriage between the ages of 13 and 15. Girls often have no choice in their marriage partner. However, in some ethnic groups, such as the Nara, marriage is not acceptable until the woman is 18 and the man 20 years of age.
 
Minimum age for criminal responsibility
From 2nd and 3rd reports combined
335. Eritrea notes the Committee’s recommendation, expressed in paragraph 60 (e) of its concluding observations, in relation to setting a clear minimum age of criminal responsibility. The Government has not found it necessary to legislate a minimum age, as the existing minimum age is at an internationally acceptable level. As indicated in the first country report, the Transitional Penal Code of Eritrea (TPCE) recognizes three categories of children and criminal liability. According to article 52, infants are children who have not reached the age of 12 and are not criminally responsible for their actions; where an infant commits an offence, appropriate steps may be taken by the family, school, and/or guardian to ensure their proper upbringing. The second group is known as “young persons” and they are children between the ages of 12 and 15 inclusive. For this group, there are special measures upon conviction. They are not subject to the ordinary penalties applicable to adults, nor shall they be kept in custody with adult offenders. The third group is young persons between the ages of 15 and 18 and is treated under the ordinary provisions of the Penal Code as having the full liability of person’s aged 18 and above. However, the Penal Code allows for a mitigation of sentence, and the death penalty can never be imposed.
From initial report
74. With regard to under-age criminal liability. The Transitional Penal Code of Eritrea recognizes three categories of children:
Children below the age of 12: Article 52 of TPCE states that the criminal law does not apply to children below the age of 12 years. That is, children of this age have no responsibility for their acts. If they commit a crime, correctional measures are expected to be taken by the parents, school or guardian;
Children between 12 and 15 years: Criminals between the age of 12 and 15 are punishable according to the laws specified under articles 161-173 of TPCE. […]
Under age 15-18: Article 56/1 of TPCE states that, if an under-age person between the ages of 15 and 18 commits a crime, she/he is tried under the ordinary provisions of the Penal Code. […]
 
Sources:
2nd and 3rd periodic reports combined: CRC/C/ERI/3, 23 October 2007
Initial report: CRC/C/41/Add.12, 23 December 2002