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National law and policies on minimum ages – Andorra

 

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/61/Add.3, 3 July 2001

 
Minimum age for the end of compulsory education
116. Education is compulsory and free from the ages of 6 to 16. Nevertheless, the law provides for free attendance at school from the age of 3 if parents or guardians so request, as well as an option of extending attendance to the age of 18 to complete secondary education.
 
Minimum age for admission to employment
117. Minors under the age of 14 are prohibited from exercising any employment. Between the ages of 14 and 16, minors may work only during school vacations up to a maximum of two months a year. They must, however, have at least two consecutive weeks of vacation in the summer and half of school vacations at other periods. The working day cannot exceed six hours, with a break of at least one hour a day and a weekly rest period of at least one and a half days.
118. From the age of 16 on, minors may work, but their working day is limited to a maximum of eight hours, with a break of at least one hour and a weekly rest period of at least one and a half days.
119. In all cases of employment of minors, the law specifies that the work must be light and must not harm the physical and emotional development of the minor. The law prohibits night work and requires a minimum rest period of two hours between working days and a written contract of employment, which must be signed by the legal representative of the minor (parents or guardian).
 
Minimum age for marriage
120. Minors may marry from the age of 16 and may, from the age of 14, request a court dispensation to marry.
 
Minimum age for criminal responsibility
125. […] the age of criminal responsibility is set at 16. […]
 
Source: Initial report: CRC/C/61/Add.3, 3 July 2001