Age of majority

The age of majority is the threshold of adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority, the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and may be legally denied certain privileges such as voting, buying and drinking alcoholic beverages, buying tobacco or cannabis products, gambling, marrying, buying or owning firearms, owning property, entering into binding contracts, or getting full driving privileges.

Age of majority should not be confused with the age of maturity, age of sexual consent, marriageable age, school-leaving age, drinking age, driving age, voting age, smoking age, gambling age, etc., which each may be independent of and set at a different age from the age of majority.

ExplanationEdit

Age of majority can be confused with the similar concept of the age of license,[1] which also pertains to the threshold of adulthood but in a much broader and more abstract way. As a legal term of art, "license" means "permission", and it can implicate a legally enforceable right or privilege. Thus, an age of license is an age at which one has legal permission from government to do something. The age of majority, on the other hand, is legal recognition that one has grown into an adult.[2]

Age of majority pertains solely to the acquisition of legal control over one's person, decisions and actions, and the correlative termination of the legal authority of the parents (or guardian(s), in lieu of parent(s)) over the child's person and affairs generally.

Many ages of license are correlated to the age of majority, but they are nonetheless legally distinct concepts. One need not have attained the age of majority to have permission to exercise certain rights and responsibilities. Some ages of license are actually higher than the age of majority. For example, to purchase alcoholic beverages, the age of license is 21 in all U.S. states. Another example is the voting age, which prior to the 1970s was 21 in the US, as was the age of majority in all or most states.[3] In the Republic of Ireland the age of majority is 18, but one must be over 21 years of age to stand for election to the Houses of the Oireachtas.[4] Also, in Portugal the age of majority is 18, but one must be at least 25 years of age to run for public office and 35 years of age to run for president.[5] A child who is legally emancipated by a court of competent jurisdiction automatically attains to their maturity upon the signing of the court order. Only emancipation confers the status of maturity before a person has actually reached the age of majority.

In almost all places, minors who are married are automatically emancipated. Some places also do the same for minors who are in the armed forces or who have a certain degree or diploma.[6]

The age 18 is identified as the age of adulthood in the Jewish Talmud relative to having sound judgement to make monetary decisions as a judge.[7] Here, the Talmud says that every judgment Josiah, the sixteenth king of Judah (c. 640–609) issued from the age of eight, when he was crowned, until the age of eighteen was reversed and he returned the money to the parties whom he judged liable, due to concern that in his youth he may not have judged the cases correctly. Other Jewish commentators have discussed whether age 13 or 18 is the age to make decisions in a Jewish Court.[8]

Civil lawEdit

In many countries minors can be emancipated: depending on jurisdiction, this may happen through acts such as marriage, attaining economic self-sufficiency, obtaining an educational degree or diploma, or participating in a form of military service. In the United States, all states have some form of emancipation of minors.[9]

The following list the age of majority in countries (or administrative divisions) in the order of lowest to highest:

Up to age 14Edit

  •   Saudi Arabia[10] – age of majority is based on physical signs of puberty (bulugh), with age 15 as the upper limit.
  •   Iran[11] – 9 lunar years (female only), 15 lunar years (male only)

Age 15Edit

Age 16Edit

Age 17Edit

Age 18Edit

Age 19Edit

Age 20Edit

Age 21Edit

Religious lawEdit

Religions have their own rules as to the age of maturity, when a child is regarded to be an adult, at least for ritual purposes:

  • Islam: a person having reached the age of 15 or having entered puberty before that age is considered bulugh (adult).
  • Judaism: the age of majority is 13 years for boys (bar mitzvah) and 12 years for girls (bat mitzvah) for religious purposes.[113] However, Jewish law follows the law of the land if there is a difference, such as in marriage age.
  • Christianity (only Roman Catholic Church): 18 years of age.[114]

See alsoEdit

NotesEdit

  1. ^ Amendments to existing laws have been drafted to raise majority age to 18.
  2. ^ Even though children acquire legal capacity at the age of 16, National Guidance for Child Protection generally defines a child as someone under the age of 18.[20][21]
  3. ^ Article 25. Minor and adolescent: minor is the person who has not turned eighteen. This Code refers to the adolescent as the minor who turned thirteen years of age.
  4. ^ Article 24. The age of majority shall be 18.
  5. ^ Those aged 16 or older can be emancipated upon marriage, by being approved for civil service, by graduating in college or for being economically independent
  6. ^ If minor becomes a parent or marries – a judicial act is passed with prior hearing of minors parents and getting an opinion of the Social Care centre
  7. ^ §30 Majority. An individual acquires full legal capacity upon reaching the age of majority. The age of majority is reached upon reaching eighteen years of age. Before reaching the age of majority, full legal capacity is acquired by being granted legal capacity or by entering into marriage. Legal capacity acquired by entering into marriage is not terminated upon termination or invalidation of marriage.
  8. ^ A minor is an individual of either sex who is not yet eighteen years old.
  9. ^ Iraq's Civil Code defines the age of majority as 18; however, due to the Iraqi constitution and instability, Note 1 (above) may apply as courts choose between Shari'ah law and the Civil Code
  10. ^ Constitution of Kenya. Article 260. "Adult" means an individual who has attained the age of eighteen years, "child" means an individual who has not attained the age of eighteen years. Age of Majority Act, 1977. Section 2 Age of majority. A person shall be of full age and cease to be under any disability by reason of age on attaining the age of eighteen years.
  11. ^ (Netherlands) Or earlier upon marriage
  12. ^ (Poland) Or upon marriage which for women can happen at 16 the earliest, voting age is 18 always
  13. ^ Minors are emancipated upon marriage or in case of working on a labour agreement or being engaged in business activities.
  14. ^ A contract entered into by a minor who has attained the age of 18 years shall have effect as if he were of full age.
  15. ^ Children's Act, 2005 Article 1. "child" means a person under the age of 18 years, article 17. Age of majority – A child, whether male or female, becomes a major upon reaching the age of 18 years.
  16. ^ Constitution article 12. Spaniards come legally of age at eighteen years. Civil Code article 315. Legal age begins upon turning eighteen. The date of birth shall be included in full for the calculation of legal age.
  17. ^ In the light of article 16 of the Family Code, which provides that majority is attained at the age of 21 years, it may be inferred that the status of minor is retained in Honduras until the age of 21 years. According, however, to article 36 of the Constitution of Honduras, all Hondurans over 18 years of age are citizens. This means that the quality of citizen is attained while a person is still a minor, thus involving the assumption of the status of minor adult. The latter contracts all the obligations of persons of full age and acquires the specific rights that are reserved for such persons, with a few exceptions.[109]

ReferencesEdit

  1. ^ Senn, David R.; Weems, Richard A. (22 January 2013). Manual of Forensic Odontology (Fifth ed.). CRC Press. p. 212. ISBN 978-1-4398-5133-3.
  2. ^ Cornick, Matthew S. (1995). Practical Guide to Family Law. Cengage Learning. p. 229. ISBN 978-0-314-04451-8.
  3. ^ "When You Turn 18: A Survival Guide for Teenagers" (PDF). The State Bar of California. 2011. Archived from the original (PDF) on 25 March 2019.
  4. ^ "At what age can I?". Citizens Information Board (Bord um Fhaisnéis do Shaoránaigh / BFS). Dublin. Archived from the original on 28 December 2010. Retrieved 12 January 2011.
  5. ^ "Constitution of the Portuguese Republic (Seventh Revision)" (PDF). 2005. Archived from the original (PDF) on 22 October 2014.
  6. ^ Stasiak, Bethany (2002). "Statutory and Judicial Emancipation of Minors in the United States" (PDF). Northeastern University School of Law.
  7. ^ "Shabbat 56: The William Davidson Talmud". Sefaria.
  8. ^ Rand, Ben-Zion, ed. (1 May 2020). "Eighteen and older only" (PDF). Daf Yomi Digest (119).
  9. ^ Nizipli, Sahra (March 2020). "Emancipation of minors". Legal Information Institute.
  10. ^ Adults Before Their Time: Children in Saudi Arabia's Criminal Justice System (PDF). 20. Human Rights Watch. March 2008. p. 14. Retrieved 18 January 2017.
  11. ^ "Iran". Youth Policy (country fact sheet).
  12. ^ "Indonesia". Youth Policy (country fact sheet).
  13. ^ "Myanmar". Youth Policy (country fact sheet).
  14. ^ "Yemen". Youth Policy (country fact sheet).
  15. ^ "Cambodia". Youth Policy (country fact sheet).
  16. ^ "Cuba". Youth Policy (country fact sheet).
  17. ^ "Kyrgyzstan". Youth Policy (country fact sheet).
  18. ^ "Pakistan -- Age of Consent". AgeOfConsent.com. 21 May 2002. Archived from the original on 12 May 2017. Retrieved 9 March 2017.
  19. ^ a b c d "Age of majority". HM Revenue and Customs. 28 June 2011. Archived from the original on 7 February 2012. Retrieved 29 September 2011 – via The National Archives.
  20. ^ "National Guidance for Child Protection in Scotland" (PDF). The Scottish Government/Riaghaltas na h-Alba. 2014. p. 8. Archived from the original (PDF) on 3 February 2020. Retrieved 24 February 2019.
  21. ^ "Children and the law: Definitions of a child". NSPCC. 21 August 2020.
  22. ^ "Vietnamese lawmakers vote to keep age of majority at 16". Thanh Niên. 5 April 2016.
  23. ^ "North Korea". Youth Policy (country fact sheet).
  24. ^ Garat, Jean-Baptiste (15 February 2017). "Fillon installe sa campagne sur le terrain de la sécurité". Le Figaro (in French).
  25. ^ "Timor-Leste". Youth Policy (country fact sheet).
  26. ^ "Ligjet e Republikes se Shqiperise" [Civil Code of the Republic of Albania]. ligjet.info (in Albanian). Archived from the original on 12 March 2014.
  27. ^ "Legislation of Interpol member states on sexual offences against children" (PDF). Arquivo.pt (in French). Archived from the original (PDF) on 29 February 2008. Retrieved 29 February 2008.
  28. ^ "Age of Majority (CAP. 11)" (PDF). Laws of Antigua and Barbuda. Archived from the original (PDF) on 20 August 2018. Retrieved 5 May 2018.
  29. ^ Código Civil y Comercial de la Nación (PDF) (in Spanish) (2nd ed.). July 2016. ISBN 978-987-3720-13-0.
  30. ^ "Constitution of the Republic of Angola" (PDF). Biblioteka Sejmowa. 21 January 2010.
  31. ^ "Children's Rights: Australia". U.S. Library of Congress. Section: Who is a Child?.
  32. ^ "Allgemeines bürgerliches Gesetzbuch" [General Civil Code] (PDF). Youth Policy (in German). 2001.
  33. ^ "Legislation of Interpol member states on sexual offences against children: Bahamas". Interpol. 2010. Archived from the original on 29 June 2011. Retrieved 9 June 2009.
  34. ^ "Legislation of Interpol member states on sexual offences against children: Barbados". Interpol. 2010. Archived from the original on 27 September 2001. Retrieved 27 September 2001.
  35. ^ "Legislation of Interpol member states on sexual offences against children: Belarus". Interpol. 2010. Archived from the original on 29 June 2011. Retrieved 9 June 2009.
  36. ^ "Code Civil: Livre I, Titre XI, Article 488 De la majorité". Index législatif. 19 January 1990. Retrieved 17 October 2020.
  37. ^ "Belize: Minimum age at which an individual is legally entitled to vote; consume alcohol; engage in sexual activity; obtain a passport without parental consent; leave the country without parental consent; contract marriage without parental consent; age at which individuals become eligible for conscription; punishment for statutory rape (1997–2000)". Immigration and Refugee Board of Canada. 20 March 2002. Retrieved 14 June 2018.
  38. ^ "Legislation of Interpol member states on sexual offences against children: Bosnia and Herzegovina". Interpol. 2010. Archived from the original on 29 June 2011. Retrieved 9 June 2009.
  39. ^ Clarke, Stephen (August 2007). "Canada". Children's Rights (PDF). Washington, D.C.: The Law Library of Congress. pp. 51–60.
  40. ^ "Children's Rights: China". Library of Congress. Retrieved 18 November 2013.
  41. ^ "Age of Majority (Related Provisions) Ordinance". Hong Kong e-Legislation. 1 October 1990.
  42. ^ "The New Civil Code of the Czech Republic: Book One, Title I, Chapter 1, Section 30: Age of majority" (PDF). Ministry of Justice. 3 February 2012.
  43. ^ "Legislation of Interpol member states on sexual offences against children: Denmark". Interpol. 2010. Archived from the original on 29 June 2011. Retrieved 16 June 2009.
  44. ^ "Legislation of Interpol member states on sexual offences against children: Djibouti". Interpol (in French). 2010. Archived from the original on 29 June 2011.
  45. ^ "Ley No. 136-03: Código para la protección de los derechos de los Niños, Niñas y Adolescentes" [Law No. 136-03: Code for the protection of the rights of Boys, Girls and Adolescents] (PDF). Gaceta Oficial de República Dominicana (in Spanish). 7 August 2003 – via Youth Policy.
  46. ^ "Egyptian cabinet approves amendment to lower age of legal adulthood to 18". Ahram Online. 15 January 2015.
  47. ^ "Country Reports on Human Rights Practices: El Salvador". U.S. Department of State. 23 February 2000. Retrieved 1 June 2017.
  48. ^ "Legislation of Interpol member states on sexual offences against children: Finland" (PDF). Interpol. 2006. Archived from the original (PDF) on 21 August 2007.
  49. ^ "Code Civil: Livre Ier, Titre X, Article 388 De la minorité". Legifrance (in French). 4 December 2013.
  50. ^ § 2 Bürgerliches Gesetzbuch(BGB).
  51. ^ "Greek Civil Code". Ministry of Justice (in Greek). Archived from the original on 13 October 2014. Retrieved 9 March 2017.
  52. ^ "Guinea-Bissau Country Profile". Family Online Safety Institute Global Resource & Information Directory. Archived from the original on 8 January 2016. Retrieved 21 December 2014.
  53. ^ "The Indian Majority Act, 1875". Indian Kanoon.
  54. ^ Stigall, Dan E. (2006). "Iraqi Civil Law: Its Sources, Substance, and Sundering" (PDF). Journal of Transnational Law & Policy. Tallahassee, Florida: Florida State University College of Law. 16 (1). Archived from the original (PDF) on 10 June 2014.
  55. ^ Age of Majority Act, 1985. Irish Statute Book. Oireachtas. Retrieved 3 August 2010.
  56. ^ a b Jozuka, Emiko (15 June 2018). "Japan lowers its age of adulthood to 18". CNN. Retrieved 14 September 2019.
  57. ^ "Гражданский кодекс Республики Казахстан (Общая часть), принят Верховным Советом Республики Казахстан 27 декабря 1994 года (с изменениями и дополнениями по состоянию на 02.04.2019 г.)". Информационная система ПАРАГРАФ (in Russian). Archived from the original on 28 March 2020. Retrieved 30 April 2019.
  58. ^ "The Constitution of Kenya, 2010" (PDF). Biblioteka Sejmowa.
  59. ^ "Republic of Kenya Age of Majority Act, 1977 [Revised 2012]" (PDF). Youth Policy.
  60. ^ a b Chigunta, Francis; Schnurr, Jamie; James-Wilson, David; Torres, Veronica (2005). "Being "Real" about Youth Entrepreneurship in Eastern and Southern Africa: Implications for Adults, Institutions and Sector Structures" (PDF). International Labour Office. p. 3, Table 1.1. Retrieved 2 March 2012.
  61. ^ "Age of Majority Act 1971". The Commissioner of Law Revision, Malaysia. 22 April 1971. Retrieved 23 April 2018.
  62. ^ "National law and policies on minimum ages – Malta". APC.org. 2008. Archived from the original on 4 June 2015.
  63. ^ "Malta Civil Code Chapter 16, Title V, Section 157: Of Minority". Ministry of Justice and Home Affairs. Archived from the original on 17 March 2015.
  64. ^ "Codigo Civil Federal (Antes: Codigo Civil Para el Distrito y Territorios Federales en Materia Comun y Para Toda la Republica en Materia Federal)" [Federal Civil Code (Before: Civil Code for the District and Federal Territories in Common Matters and for All the Republic in Federal Matters)]. Universidad Nacional Autónoma de México (in Spanish). Archived from the original on 4 March 2016. Retrieved 29 July 2014.
  65. ^ Tjatjara, Bernard (15 February 2019). "Namibia: Age of Majority Now 18 in Namibian Law". AllAfrica. Archived from the original on 3 February 2020.
  66. ^ "Dutch Civil Code: Book 1, Article 1:233: Minors". Dutch Civil Law.
  67. ^ Powell, Rhonda (29 November 2019). "The new Trusts Act 2019: Key changes to consider". New Zealand Law Society. Archived from the original on 3 February 2020.
  68. ^ "Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, Section 57" (PDF). Committee on the Rights of the Child. 12 October 1993 – via Youth Policy.
  69. ^ "Legislation of Interpol member states on sexual offences against children: Oman" (PDF). Interpol. 2006. Archived from the original (PDF) on 14 July 2007.
  70. ^ "Amendment in the Majority Act, 1875" (PDF). Law & Justice Commission of Pakistan.
  71. ^ "Palau Consolidated Legislation, 21 PNC § 105". Pacific Islands Legal Information Institute.
  72. ^ "Ley Nº 2169 / Establece La Mayoria de Edad". Biblioteca y Archivo del Congreso de la Nación (in Spanish). Archived from the original on 15 September 2019. Retrieved 7 May 2019.
  73. ^ "Republic Act No. 6809: An Act Lowering the Age of Majority From Twenty-One to Eighteen Years". Chan Robles Virtual Law Library. 13 December 1989.
  74. ^ "Age of Sexual Consent – Poland". AgeOfConsent.com. Archived from the original on 6 August 2012. Retrieved 21 August 2012.
  75. ^ "Civil Code of the Russian Federation, Part I, Section I, Subsection 2, Chapter 3, Article 21 The Active Capacity of the Citizen". Russian-civil-code.com. Retrieved 29 September 2011.
  76. ^ "Legislation of Interpol member states on sexual offences against children: Saint Kitts & Nevis" (PDF). Interpol. 2006. Archived from the original (PDF) on 14 July 2007.
  77. ^ "Civil Law Act: Contracts of minors who have attained 18 years of age". Singapore Statutes Online. Retrieved 27 April 2020.
  78. ^ Carina. "You and Your Rights: Turning 18". Black Sash. Archived from the original on 23 September 2015. Retrieved 28 July 2015.
  79. ^ "Children's Act 38 of 2005" (PDF). Health Professions Council of South Africa. Archived from the original (PDF) on 27 August 2018. Retrieved 26 May 2018.
  80. ^ "Constitution of Spain, 1978" (PDF). Biblioteka Sejmowa.
  81. ^ "Spanish Civil Code" (PDF). Ministry of Justice. 2009 – via Youth Policy.
  82. ^ "Age of Majority in Sri Lanka". Lawnet.lk. Archived from the original on 11 January 2012. Retrieved 29 September 2011.
  83. ^ "Iran, Saudi Arabia, Sudan: End Juvenile Death Penalty". Human Rights Watch. 8 October 2010. Retrieved 29 September 2011.
  84. ^ "Legislation of Interpol member states on sexual offences against children: Sweden" (PDF). Interpol. 2006. Archived from the original (PDF) on 14 July 2007.
  85. ^ "Swiss Civil Code of 10 December 1907" (PDF). Federal Assembly of the Swiss Confederation – via Youth Policy.
  86. ^ "Tunisie, la majorité civile est désormais de 18 ans". Retrieved 28 July 2015.
  87. ^ "Legislation of Interpol member states on sexual offences against children: Turkey" (PDF). Interpol. 2006. Archived from the original (PDF) on 14 July 2007.
  88. ^ "3. State Party Reports: Uganda". UNICEF. Retrieved 12 September 2016.
  89. ^ "Ukraine – Age of Consent to Sexual Activity". AgeOfConsent.com. Archived from the original on 29 August 2012. Retrieved 21 August 2012.
  90. ^ a b "Family Law Reform Act 1969". Gov.uk. 25 July 1969. Retrieved 9 January 2015.
  91. ^ "Age of Majority Act (Northern Ireland) 1969". Legislation.gov.uk. 26 May 2011. Retrieved 29 September 2011.
  92. ^ "Proceedings" (PDF). House of Keys Official Report. 123 (14): 694. 7 March 2006. ISSN 1742-2264. Archived from the original (PDF) on 24 March 2012.
  93. ^ "Age of Majority (Jersey) Law 1999". Jersey Legal Information Board. Archived from the original on 10 November 2013.
  94. ^ "The Age of Majority (Alderney) Law, 2001". Guernsey Legal Resources.
  95. ^ "Minors Act 1962" (PDF). Gibraltar Laws. Archived from the original (PDF) on 8 October 2016. Retrieved 26 July 2016.
  96. ^ "Age of Majority". US Legal. Retrieved 16 February 2012.
  97. ^ "Uzbekistan". Youth Policy (country fact sheet). Retrieved 27 November 2017.
  98. ^ "Guide du passager". Direction Générale de Surêté Nationale (in French). 2006. Archived from the original on 12 March 2012.
  99. ^ "Civil Code of the Republic of Korea". Legal Knowledge Information System (in Korean). Archived from the original on 11 July 2012.
  100. ^ "Alabama Code: Title 26, Chapter 1, Section 26-1-1". Justia. 22 July 1975. Retrieved 29 September 2011.
  101. ^ "Nebraska Age of Majority Law". US Legal. Retrieved 16 February 2012.
  102. ^ "Age of Majority Act 1970". New Zealand Parliamentary Counsel Office. Retrieved 28 July 2015.
  103. ^ Lin, Sean (14 August 2020). "Cabinet approves lowering age of majority to 18". Taipei Times. Retrieved 15 August 2020.
  104. ^ a b c d "Legislation of Interpol member states on sexual offences against children". Interpol. 31 January 2011. Archived from the original on 1 October 2001. Retrieved 11 April 2012.
  105. ^ "Cameroon". Youth Policy (country fact sheet).
  106. ^ "Ivory Coast". Youth Policy (country fact sheet).
  107. ^ "Gabon". Youth Policy (country fact sheet).
  108. ^ "Grenada". Youth Policy (country fact sheet).
  109. ^ "State Party Reports: Definition Of The Child". UNICEF. 20 February 1998.
  110. ^ "Ordonnance 62-041 du 19 septembre 1962 relative aux dispositions générales de droit interne et de droit international privé". Organisation internationale de la francophonie (in French). 19 September 1962. Archived from the original on 27 December 2008.
  111. ^ "Mississippi Age of Majority Law". US Legal. Retrieved 28 July 2015.
  112. ^ "Singapore". Youth Policy (country fact sheet).
  113. ^ "The age requirement for Bar/Bat mitzvah". My Jewish Learning.
  114. ^ "CIC can. 97 § 1". Code of Canon Law., "CIC can. 97 § 1". Codex Iuris Canonici (in Latin). (1983).