Age of majority
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The age of majority is the threshold of adulthood as it is conceptualized (and recognized or declared) in law. It is the chronological moment when a child legally ceases to be considered a minor and assumes control over their persons, actions and decisions, thereby terminating the legal control and legal responsibilities of their parents or guardian over and for them. The word majority here refers to having greater years and being of full age; it is opposed to minority, the state of being a minor. The law in a given jurisdiction may never actually use the term "age of majority" and the term thereby refers to a collection of laws bestowing the status of adulthood. The age of majority is a legally fixed age, concept or statutory principle, which may differ depending on the jurisdiction, and may not necessarily correspond to actual mental or physical maturity of an individual.
In practical terms, there are certain specific actions which a person who attains the age of majority is permitted to take, which they could not do before. These may include entering into a binding contract, buying stocks, voting, buying and/or consuming alcoholic beverages, driving motor vehicles on public roads, and marrying without obtaining consent of others. The ages at which these various rights or powers may be exercised vary as between the various rights and as between different jurisdictions. For example, the ages at which a person may obtain a license to drive a car or consume alcoholic beverages vary considerably between and also within jurisdictions.
Although a person may attain the age of majority in a particular jurisdiction, he or she may still be subject to age-based restrictions, such as the right to stand for elective office, act as a judge, and many other matters.
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[edit] Explanation
Age of majority is frequently confused with similar concept, the age of license,[citation needed] 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 maturity, on the other hand, is legal recognition that one has grown into an adult.
For example, in any jurisdiction, the age at which an individual is allowed to exercise the franchise (vote), leave school without taking a diploma, enter into legally binding contracts (other than for necessaries, to which no age of license applies), operate a motor vehicle, purchase and consume alcoholic beverages, and so on – these are all ages of license, at which the law permits an individual to perform certain acts and exercise certain rights, with or without any restrictions.
Age of majority pertains solely to the acquisition of control over one's person, decisions and actions, and the correlative termination of the legal authority and responsibility of the parents (or guardian(s), in lieu of parents) over the child’s persons 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, the age of license to purchase alcoholic beverages is 21 in all U.S. states. For most other purposes, the age of majority in the U.S. is 18.[1] Also, the age of majority in the Republic of Ireland is 18, but one must be over 21 years of age to stand for election. A child who is legally emancipated by a court of competent jurisdiction automatically attains to his or her maturity upon the signing of the court order. This is distinct from the legal process by which a child might be taken into foster care and/or made a ward of the court. Foster care and court wardship do not confer maturity upon the child so separated from his or her parents (or guardians). Only emancipation confers the status of maturity before a person has actually reached the age of majority.
Almost all jurisdictions automatically confer emancipation (and with it, the status of majority) upon otherwise minor individuals who are married. Some do likewise for minors who are on active duty in the armed forces.[2] The legal limit for anyone to purchase and have full rights to that item is 14. This law applies to most states in the U.S., except for three: New York, Maryland, Delaware.
[edit] Countries and subdivisions
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This section needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (September 2009) |
The following list the age of majority in countries (or administrative divisions as appropriate:
Age 9
Age 14
- Albania [4]
- American Samoa, United States
- Isle of Man (for males)
Age 15
Age 16
Age 17
- El Salvador (for females)
- Korea, North
- Missouri, United States
- Tajikistan
Age 18
- In all countries of European Union
- Afghanistan, Alberta (Canada)[9], Andorra [10], Argentina [11],
Armenia[12], Angola, Austria [13],Australia[14] Azerbaijan [15]
- Bahamas[16], Barbados[17], Belarus[18], Belgium [19], Bhutan, Bolivia, Bosnia and Herzegovina[20], Brazil (though one may vote at the age of 16), Brunei, Bulgaria, Burundi
- Cambodia, Chile, China, Colombia, Costa Rica, Cote d'Ivoire, Croatia, Cyprus, Czech Republic
- Denmark (incl. Faroe Islands and Greenland)[21], Djibouti [22], Dominican Republic, Dominica
- Ecuador, El Salvador[23], England, Estonia
- Fiji, Finland, France
- Gabon, Germany, Greece, Ghana, Gibraltar, Guatemala, Guernsey, Guinea (minors are emancipated upon marriage), Guyana
- Haiti, Hong Kong, Hungary
- Iceland, India [24], Indonesia (minors are emancipated upon marriage), Ireland, Italy, Israel, Isle of Man (for females)
- Jamaica, Jersey
- Kenya
- Laos, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg,
- Macau, Macedonia, Manitoba (Canada)[9], Malaysia, Malta, Isle of Man (for females), Mauritania, Mauritius, Mexico, Moldova, Monaco, Montenegro
- Nepal, Netherlands, Norway, Northern Ireland
- Oman, Ontario (Canada)[9]
- Panama, Paraguay (minors are emancipated upon marriage), Peru, Philippines (all adult rights are also granted), Poland (minors are emancipated upon marriage), Portugal, Prince Edward Island (Canada)[9]
- Qatar, Quebec (Canada)[9]
- Romania, Russia, Rwanda
- Saint Kitts and Nevis, Saudi Arabia, Saskatchewan (Canada)[9], Senegal, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sudan, Sweden, Switzerland (16 with parental consent), Syria
- Tanzania, Trinidad and Tobago, Tunisia, Turkey
- United States, (with 4 exceptions (see elsewhere in the table), Ukraine, Uruguay
- Venezuela, Vietnam
- Wales
- Yemen
- Zimbabwe
Age 19
- Alabama, United States
- British Columbia (Canada)[9]
- Nebraska, United States, New Brunswick (Canada)[9], Newfoundland and Labrador (Canada)[9], Northwest Territories (Canada)[9], Nova Scotia (Canada)[9], Nunavut (Canada)[9]
- Yukon (Canada)[9]
Age 20
- Japan (debate started to lower it to 18)
- Korea, South
- New Zealand[25]
- Taiwan, Thailand (minors are emancipated upon marriage)
Age 21
- Bahrain [26]
- Cameroon, Chad
- Pakistan (is the official age for voting, at the age attained the person can also be tried for capital punishment)
- Egypt
- Honduras
- Lesotho
- Madagascar [27] (minors are emancipated upon marriage), Mississippi
- Namibia
- Puerto Rico
- Singapore, Swaziland
[edit] References
- ^ http://alisdb.legislature.state.al.us/acas/searchableinstruments/2006rs/bills/sb198.htm
- ^ Statutory and Judicial Emancipation of Minors in the United States, 2001-2002 analysis by law students of Northeastern University
- ^ a b "IRAN: Calls to ban juvenile death penalty". Los Angeles Times. September 10, 2008. http://latimesblogs.latimes.com/babylonbeyond/2008/09/middle-east-cal.html. Retrieved 2009-09-23. "In Iran, capital punishment can be imposed if the defendant has reached the age of “majority," which is set by Iranian law as young as 9 for girls and 15 for boys."
- ^ Interpol report on Albanian law
- ^ Interpol report on Kyrgyzstan
- ^ Interpol report on Uzbekistan law
- ^ http://www.cubanet.org/ref/dis/const_92_e.htm
- ^ http://www.everyculture.com/Cr-Ga/Cuba.html
- ^ a b c d e f g h i j k l m Susan Munroe. "Age of majority". About.com. http://canadaonline.about.com/od/canadianlaw/g/ageofmajority.htm. Retrieved 2009-09-23. "The age of majority in Canada is determined by each province and territory in Canada."
- ^ Interpol report on Andorra law
- ^ [1]
- ^ Interpol report on Armenia
- ^ Interpol report on Austria
- ^ "The Age of Majority". Website of the Tangled Moon Coven. http://www.tangledmoon.org/majorityage.htm. Retrieved 2009-09-23.
- ^ Interpol report on Azerbaijan
- ^ Interpol report on Bahamas
- ^ Interpol report on Barbados
- ^ Interpol report on Belarus
- ^ Interpol report on Belgium (in French)
- ^ Interpol report on Bosnia and Herzegovina
- ^ Interpol report on Denmark
- ^ Interpol report on Djibouti (in French)
- ^ World Law Direct, Age of Majority list
- ^ Indian Majority Act
- ^ Age of Majority Act 1970
- ^ Interpol report on Bahrain
- ^ Ordonnance 62-041 du 19 septembre 1962 relative aux dispositions générales de droit interne et de droit international privé
