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National law and policies on minimum ages – Iceland

 

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/83/Add.5, 5 July 2002
Initial report: CRC/C/11/Add.6, 15 May 1995
 
Minimum age for the end of compulsory education
From 2nd report
314. According to the Primary School Act, No. 66/1995, primary school is of 10 years’ duration; a pupil is expected to begin in the year he or she becomes 6 years old. Primary school attendance is obligatory and each municipality is obliged to enable all children aged 6-16 who reside there to attend school.
 
Minimum age for admission to employment
From 2nd report
98. Under the Act on Health Practices and Conditions in the Workplace, No. 46/1980, as amended by Act No. 52/1997, various special provisions apply to work to be performed by children. In this Act, the term “child” applies to any person under the age of 15 or a person receiving obligatory education. The term “adolescent” applies to any individual who has attained the age of 15 but not the age of 18, who is no longer receiving obligatory education. “Young person” refers to any individual under the age of 18. The engagement of children for work is only allowed in certain exceptional cases, which include engagement of children under the age of 14 for light work. A young person cannot be engaged for heavy or dangerous work. The Act also contains provisions on the active working periods of children and adolescents, and provisions on minimum rest periods.
396. There are special rules that apply to work by children. Children may not be engaged for work unless this is specifically allowed. Children between 13 and 14 years of age, and children receiving compulsory education, may only perform work coming under a regulation annex on light work, such as gardening, light work in fish processing and shops, minor cleaning duties, light messenger duties, newspaper sale, mail delivery and light office work. A person 13 years of age or older may be engaged for light work during the summer vacation from school, when the work forms a part of theoretical study or vocational training. The work in question is enumerated in particular regulation annexes referring to persons under the age of 15 years, persons who have attained the age of 15 years and persons who have attained the age of 16 years. When children are engaged for work, the custodians shall be informed of all the engagement terms and the measures taken to provide for their safety and health at work.
398. Children under the age of 13 years may be engaged to take part in cultural or artistic events, and in activities relating to sports and advertising. Advance permission from the Occupational Safety and Health Administration is required.
 
Minimum age for marriage
From initial report
84. Under the Marriage Act, No. 31 of 1993, the age at which persons are free to marry in Iceland is 18. The Ministry of Justice may grant younger persons permission to marry. When marriage takes place, both spouses become legally competent, even if they have not reached the age of 18.
 
Minimum age for criminal responsibility
From initial report
369. Regarding the capacity of young persons to face criminal charges, the age of 15 is an absolute condition for a person to be considered capable of facing a criminal charge. The Penal Code contains some special considerations regarding the issue of charges and the determination of punishment in cases involving young persons aged 15-21. […]
 
Sources:
2nd periodic report: CRC/C/83/Add.5, 5 July 2002
Initial report: CRC/C/11/Add.6, 15 May 1995