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National law and policies on minimum ages – Guinea

 

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/3 Add.48, 17 June 1997
 
Minimum age for the end of compulsory education
17. Release from compulsory schooling is accepted from the age of sixteen.
140. Article 21 of the Basic Law prescribes that the State must ensure compulsory education of children. The State must create the conditions and institutions enabling each child, without any discrimination, to be educated and guarantee freedom of education by controlling the private schools.
153. Secondary education is given in colleges and high schools (lycées). College has become compulsory for all pupils who have successfully completed primary school. It has four levels, the 7th year, 8th year, 9th year and 10th year which is the class in which the equivalent of the GCSE examination is taken for access to high school.
 
Minimum age for admission to employment
17. Article 5 of the Labour Code instituted by order No 003/PRG/SGG/88 provides : “The contract for work can only be concluded with an individual having attained a minimum age of sixteen years. Juveniles under sixteen can only be engaged with the consent of the authority upon which they depend”.
 
Minimum age for marriage
15. According to article 280 of the Civil Code adopted by law No 004/APN/83 of 16 February 1983, men under 18 years and women under 17 years cannot contract marriage. Nevertheless, there may be some age dispensations.
 
Minimum age for criminal responsibility
17. Free deposition before courts, penal responsibility and sentencing are only admitted at 18 full years.
 
Source: Initial report: CRC/C/3 Add.48, 17 June 1997