Age of majority
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 minors cease to legally be considered children and assume 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 vast majority of countries set majority at 18, but ages as low as 15 and as high as 21 also exist. 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. Age of majority should not be confused with the age of sexual consent, the driving age, the voting age, etc., which all may sometimes be higher or lower than majority. Although a person may attain the age of majority in a particular jurisdiction, he or she may still be subject to age-based restrictions regarding matters such as the right to vote or stand for elective office, act as a judge, and many others.
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[edit] Explanation
Age of majority can be confused with a 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. Another example is the voting age which prior to the 1970s was 21 while the age of majority was 18 in most states. 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.[1] Also, in Portugal the age of majority is 18, but one must be at least 25 years of age to run for public office.[2] 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.[3]
[edit] Countries and subdivisions
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The following list the age of majority in countries (or administrative divisions) as appropriate:
Age 14
Age 15
Age 17
El Salvador (for females)
Korea, North
Tajikistan
Gibraltar [6]
Age 18
Afghanistan
Albania [7]
American Samoa, United States [8]
Andorra [9]
Austria
Argentina [10]
Angola
Australia[11]
Azerbaijan [12]
Bahamas[13]
Barbados[14]
Belarus[15]
Bhutan
Bolivia
Bosnia and Herzegovina [16] (16 if minor gets married or has a child)[17]
Brazil (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)
Brunei
Bulgaria
Burundi
Cambodia
Cameroon
Canada (provinces of Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan)[18]
Chile
China
Colombia
Costa Rica
Cote d'Ivoire
Croatia (16 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)
Cyprus
Czech Republic (16 if minor marries)
Denmark (incl. Faroe Islands and Greenland)[19]
Djibouti [20]
Dominican Republic
Dominica
Ecuador- El Salvador[21]
France
Fiji
Finland
Gabon
Germany
Georgia
Ghana
Guatemala
Guernsey
Guinea
Guyana
Haiti
Hong Kong
Hungary
Iceland
India [22]
Indonesia
Iran [23] [24]
Ireland (or upon marriage)[25]
Isle of Man [26]
Israel
Italy (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)
Jamaica
Jersey [27]
Kenya
Laos
Lebanon
Liechtenstein
Macau
Macedonia
Malawi[28]
Malaysia
Malta
Mauritania
Mauritius
Mexico
Moldova
Monaco
Mongolia
Montenegro
Nepal
Netherlands
Norway
Oman
Pakistan
Panama
Paraguay
Peru
Philippines[29]
Poland
Portugal
Qatar
Romania
Russia (minors are emancipated upon marriage or in case of working on a labour agreement or being engaged in business activities) [30]
Rwanda
Saint Kitts and Nevis
Saudi Arabia
Senegal
Serbia
Seychelles
Slovakia (16 if minor marries – a judicial act is passed with prior agreement of minor's parents)
Slovenia
South Africa
Spain
Sri Lanka[31]
Sudan[32]
Sweden
Switzerland [33]
Syria
Tanzania
Trinidad and Tobago
Tunisia
Turkey
Ukraine
Uruguay
United Kingdom (with the exception of Scotland)[34][35]
United States,[36] (with these exceptions: Alabama[37] if unmarried[citation needed], Nebraska[38])
Venezuela
Vietnam
Yemen
Zimbabwe
Age 19
Alabama, United States[37]
Botswana[39]- Canada (provinces of British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon)[18]
Korea, South [40]
Nebraska, United States[38]
Age 20
Japan; as of 2008[update], the age of majority in Japan was 20, but it had plans to lower it to 18.[41]
Taiwan
Thailand
Age 21
Bahrain [42]
Chad
Egypt [43]
Honduras [44]
Kuwait
Lesotho [45]
Madagascar [46]
Namibia [47]
Puerto Rico
Singapore (Only for casino entry age, voting and marriage)
Swaziland [48]
United Arab Emirates
Zambia[49]
[edit] See also
[edit] References
- ^ "At what age can I?". Dublin: Citizens Information Board (Bord um Fhaisnéis do Shaoránaigh / BFS). http://www.citizensinformation.ie/en/reference/checklists/checklist_at_what_age_can_i.html. Retrieved 12 January 2011.
- ^ "CONSTITUTION OF THE PORTUGUESE REPUBLIC". http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf.
- ^ Statutory and Judicial Emancipation of Minors in the United States, 2001-2002 analysis by law students of Northeastern University
- ^ Interpol report on Armenia[dead link]
- ^ "Age of Legal Capacity (Scotland) Act 1991". Legislation.gov.uk. http://www.legislation.gov.uk/ukpga/1991/50/section/1. Retrieved 2011-09-29.
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ Amnesty International Memorandum to United Nations Human rights Committee on Orphans and other children denied parental care (Note that an Interpol document states that the age of majority is 14, but this is contradicted within the document by the statement that minimum age for marriage is 18: Interpol report on Albanian law[dead link]
- ^ "American Samoa Code Annotated § 40.0401". Asbar.org. http://www.asbar.org/Newcode/Title%2040.htm#a401. Retrieved 2011-09-29.
- ^ Interpol report on Andorra law[dead link]
- ^ "Política - El Senado aprobó la ley de la mayoría de edad a los 18 años". Telam. 1980-01-01. http://www.telam.com.ar/vernota.php?tipo=N&dis=1&sec=1&idPub=169701&id=328561&idnota=328561. Retrieved 2011-09-29.
- ^ "The Age of Majority". Website of the Tangled Moon Coven. http://www.tangledmoon.org/majorityage.htm. Retrieved 2009-09-23.
- ^ Interpol report on Azerbaijan[dead link]
- ^ Interpol report on Bahamas[dead link]
- ^ Interpol report on Barbados[dead link]
- ^ Interpol report on Belarus[dead link]
- ^ Interpol report on Bosnia and Herzegovina[dead link]
- ^ "clan:158" (PDF). http://www.otac.ba/usr/101/files/FBiH_porodicni_zakon.pdf. Retrieved 2011-09-29.
- ^ a b 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 Denmark[dead link]
- ^ Interpol report on Djibouti (in French)[dead link]
- ^ "World Law Direct, Age of Majority list". Worldlawdirect.com. http://www.worldlawdirect.com/forum/law-wiki/27181-age-majority.html. Retrieved 2011-09-29.
- ^ Indian Majority Act
- ^ "Iran changes law for execution of juveniles". http://www.iranwpd.com/index.php?option=com_k2&view=item&id=3066:iran-changes-law-for-execution-of-juveniles&Itemid=64. Retrieved 10 November 2011.
- ^ ghanoononline.ir
- ^ "Age of Majority Act, 1985". Irish Statute Book. Oireachtas. http://www.irishstatutebook.ie/1985/en/act/pub/0002/print.html. Retrieved 3 August 2010.
- ^ http://www.tynwald.org.im/papers/hansards/2005-2006/kh07032006.pdf / Hansard, House of Keys, March 7, 2006, 699 K123
- ^ Age of Majority (Jersey) Law 1999
- ^ Chigunta, Schnurr, James-Wilson and Torres (2005). "Being “Real” about Youth Entrepreneurship in Eastern and Southern Africa: Implications for Adults, Institutions and Sector Structures". International Labour Office. p. 3, Table 1.1. http://www.uneca.org/itca/youth/Documents/Being%20%E2%80%9CReal%E2%80%9D%20about%20Youth%20Entrepreneurship%20in%20Eastern%20and%20Southern%20Africa.pdf. Retrieved 2 March 2012.
- ^ Republic Act No. 6809, December 13, 1989, Chan Robles Law library
- ^ "The Citizens (Natural Persons)". Russian-civil-code.com. http://www.russian-civil-code.com/PartI/SectionI/Subsection2/Chapter3.html. Retrieved 2011-09-29.
- ^ "Age of Majority in Sri Lanka". Lawnet.lk. http://www.lawnet.lk/process.php?st=2001Y3V66C&hword=%27%27&path=5. Retrieved 2011-09-29.
- ^ "Human Rights Wtach, ''Iran, Saudi Arabia, Sudan: End Juvenile Death Penalty''". Hrw.org. 2010-10-08. http://www.hrw.org/en/news/2010/10/09/iran-saudi-arabia-sudan-end-juvenile-death-penalty. Retrieved 2011-09-29.
- ^ "Federal Constitution of the Swiss Confederation". Admin.ch. http://www.admin.ch/ch/e/rs/101/a136.html. Retrieved 2011-09-29.
- ^ "Age of majority". Hmrc.gov.uk. 2011-06-28. http://www.hmrc.gov.uk/manuals/dmgmanual/html/DMG46001/10_0092_DMG47063.htm. Retrieved 2011-09-29.
- ^ "Age of Majority Act (Northern Ireland) 1969". Legislation.gov.uk. 2011-05-26. http://www.legislation.gov.uk/apni/1969/28/contents. Retrieved 2011-09-29.
- ^ "Age of Majority". Minors.uslegal.com. http://minors.uslegal.com/age-of-majority. Retrieved 2012-02-16.
- ^ a b "Section 26-1-1 — :: Chapter 1 — GENERAL PROVISIONS. :: Title 26 — INFANTS AND INCOMPETENTS. :: 2006 Alabama Code :: Alabama Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. 1975-07-22. http://law.justia.com/codes/alabama/2006/19865/26-1-1.html. Retrieved 2011-09-29.
- ^ a b "Nebraska Age of Majority Law - Age of Majority - Minors". Minors.uslegal.com. http://minors.uslegal.com/age-of-majority/nebraska-age-of-majority-law/. Retrieved 2012-02-16.
- ^ Chigunta, Schnurr, James-Wilson and Torres (2005). "Being “Real” about Youth Entrepreneurship in Eastern and Southern Africa: Implications for Adults, Institutions and Sector Structures". International Labour Office. p. 3, Table 1.1. http://www.uneca.org/itca/youth/Documents/Being%20%E2%80%9CReal%E2%80%9D%20about%20Youth%20Entrepreneurship%20in%20Eastern%20and%20Southern%20Africa.pdf. Retrieved 2 March 2012.
- ^ :::: 법률지식정보시스템 ::::
- ^ "70% oppose lowering Japan's age of majority to 18: gov't poll+". Associated Press. September 13, 2008. http://www.breitbart.com/article.php?id=D935Q8RO0&show_article=1. Retrieved January 15, 2012.
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ Ordonnance 62-041 du 19 septembre 1962 relative aux dispositions générales de droit interne et de droit international privé
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ https://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/default.asp
- ^ Chigunta, Schnurr, James-Wilson and Torres (2005). "Being “Real” about Youth Entrepreneurship in Eastern and Southern Africa: Implications for Adults, Institutions and Sector Structures". International Labour Office. p. 3, Table 1.1. http://www.uneca.org/itca/youth/Documents/Being%20%E2%80%9CReal%E2%80%9D%20about%20Youth%20Entrepreneurship%20in%20Eastern%20and%20Southern%20Africa.pdf. Retrieved 2 March 2012.
