Age of majority: Difference between revisions
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{{Expand German|Volljährigkeit|date=May 2013}} |
{{Expand German|Volljährigkeit|date=May 2013}} |
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The '''age of majority''' |
The '''age of majority''' is the threshold of [[adult]]hood as it is conceptualized (and recognized or declared) in law. It is the chronological moment when [[minor (law)|minor]]s 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. Most countries set majority at 18. 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 [[Sexual maturity|physical maturity]] of an individual. |
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Age of majority should not be confused with the [[age of consent|age of sexual consent]], [[marriageable age]], [[school leaving age]], [[drinking age]], [[driving age]], [[voting age]], [[smoking age]], etc., which all may sometimes be independent of, and set at a different age from, the age of majority. |
Age of majority should not be confused with the [[age of consent|age of sexual consent]], [[marriageable age]], [[school leaving age]], [[drinking age]], [[driving age]], [[voting age]], [[smoking age]], etc., which all may sometimes be independent of, and set at a different age from, the age of majority. |
Revision as of 17:45, 6 July 2014
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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 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. Most countries set majority at 18. 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.
Age of majority should not be confused with the age of sexual consent, marriageable age, school leaving age, drinking age, driving age, voting age, smoking age, etc., which all may sometimes be independent of, and set at a different age from, the age of 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.
Explanation
Age of majority can be confused with a similar concept, 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 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 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, 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.[3] Also, in Portugal the age of majority is 18, but one must be at least 25 years of age to run for public office.[4] 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.[5]
Countries and subdivisions
This section needs additional citations for verification. (September 2009) |
The following list the age of majority in countries (or administrative divisions) as appropriate:
Age 8
Age 14
- American Samoa
- Albania
- Iran (males) [6] (Age can be earlier based on physical maturity)
Age 15
- Dominican Republic [7]
- Indonesia (for females)[8]
- Iraq
Age 16
Age 17
Age 18
- Afghanistan
- Andorra[15]
- Austria[16]
- Argentina[17]
- Angola
- Australia[18]
- Bahamas[19]
- Bangladesh
- Barbados[20]
- Belarus[21]
- Belgium (upon marriage, minors are emancipated)[22]
- Bhutan
- Bosnia and Herzegovina[23] (16 if minor gets married or has a child)[24]
- 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[25][26]
- Cameroon
- Canada[27]
- Chile
- China[28]
- Costa Rica
- Côte 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)[29]
- Djibouti[30]
- Dominica
- Ecuador
- El Salvador[31]
- Fiji
- Finland[32]
- France
- Gabon
- Germany
- Georgia
- Ghana
- Greece
- Guatemala
- Guinea
- Guyana
- Haiti
- Hong Kong
- Hungary
- Iceland
- India[33]
- Indonesia[34]
- Iran[35][36]
- Ireland (or upon marriage)[37]
- Israel
- Italy
- Jamaica
- Jordan
- Kenya
- Laos
- Latvia
- Lebanon
- Liechtenstein
- Lithuania
- Luxembourg
- Macau
- Macedonia
- Malawi[38]
- Malaysia
- Malta
- Mauritania
- Mauritius
- Mexico
- Moldova
- Monaco
- Mongolia
- Montenegro
- Nepal
- Netherlands
- Norway
- Oman[39]
- Pakistan
- Palestine
- Panama
- Paraguay
- Peru
- Philippines[40]
- Poland[41] (or upon marriage which for women can happen at 16 the earliest, voting age is 18 always)
- Portugal (minors are emancipated upon marriage - art.º 132.º Portuguese Civil Code)
- Qatar
- Romania ("Minimum legal age in Romania")
- Russia (minors are emancipated upon marriage or in case of working on a labour agreement or being engaged in business activities)[42]
- Rwanda
- Saint Kitts and Nevis[43]
- Saudi Arabia[disputed (for: contradicted by [1] re hodud) – discuss]
- 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[44]
- Sudan[45][disputed (for: see cited source re Zakaria Mohammed and hodud) – discuss]
- Sweden[46]
- Switzerland[47]
- Syria
- Tanzania
- Trinidad and Tobago
- Turkey[48]
- Ukraine[49]
- United Kingdom
- England
- Scotland[50] (Under the Age of Legal Capacity (Scotland) Act 1991, a 16-year-old has the full legal capacity to enter into any legal agreement. However in Scots law, the contract is classed as a "prejudicial transaction" until they are 18. The legal test being would a prudent adult have not entered into such a contract, and whether the person has been prejudiced by entering into such a contract.)[51]
- Wales
- Northern Ireland[52][53]
- Isle of Man[54]
- Jersey[55]
- Guernsey[56]
- United States[57] (except Alabama (19),[58] Nebraska (19 or upon marriage),[59] Puerto Rico (21)[60] and Mississippi (21))
- Uruguay
- Venezuela
- Vietnam
- Yemen
- Zimbabwe
Age 19
Age 20
Age 21
- Bahrain[14]
- Chad
- Egypt[14]
- Honduras[14]
- Kuwait
- Lesotho[14]
- Madagascar[67]
- Namibia[14]
- Singapore (Only for casino entry age, voting and marriage)
- Swaziland[14]
- United Arab Emirates
- United States
- Zambia[38]
Religion
In the Catholic Church, the age of majority is 18 years.[69] In Judaism, after a Bar and Bat Mitzvah at age 13, a person is considered an adult by the church.
See also
Notes
References
- ^ David R. Senn; Richard A. Weems (2013). Manual of Forensic Odontology. CRC Press. p. 212. ISBN 978-1-4398-5133-3.
- ^ Cornick (1995). A Practical Guide to Family Law. Cengage Learning. p. 229. ISBN 978-0-314-04451-8.
- ^ "At what age can I?". Dublin: Citizens Information Board (Bord um Fhaisnéis do Shaoránaigh / BFS). Archived from the original on 28 December 2010. Retrieved 12 January 2011.
{{cite web}}
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suggested) (help) - ^ "CONSTITUTION OF THE PORTUGUESE REPUBLIC" (PDF).
- ^ Statutory and Judicial Emancipation of Minors in the United States, 2001–2002 analysis by law students of Northeastern University
- ^ a b http://www.iranhrdc.org/english/publications/legal-commentary/1000000054-criminal-responsibility-of-children-in-the-islamic-republic-of-irans-new-penal-code.html
- ^ Template:Http://www.slideshare.net/Francikito/ley-general-de-juventud-republica-dominicana
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ "Constitution of the Republic of Cuba 1992". Retrieved 26 August 2012.
- ^ "Culture of Cuba - traditional, history, people, clothing, women, beliefs, food, customs, family, social, marriage, men, life, population, religion, rituals, Cultural name". Retrieved 26 August 2012.
- ^ Interpol report on Kyrgyzstan
- ^ Interpol report on Uzbekistan law
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ a b c d e f g Sexual Offences Laws – Countries. Interpol.int (2011-01-31). Retrieved on 11 April 2012.
- ^ Interpol report on Andorra law[dead link]
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ "Política – El Senado aprobó la ley de la mayoría de edad a los 18 años". Telam. 1 January 1980. Retrieved 29 September 2011.
- ^ "Children's Rights: Australia". U.S. Library of congress. Section: Who is a Child?.
- ^ Interpol report on Bahamas[dead link]
- ^ Interpol report on Barbados [dead link]
- ^ Interpol report on Belarus[dead link]
- ^ Article 476 Civil code of Belgium.
- ^ Interpol report on Bosnia and Herzegovina[dead link]
- ^ "clan:158" (PDF). Retrieved 29 September 2011.[dead link]
- ^ Cambodia's Law
- ^ Cambodia -- Age of Consent
- ^ a b Susan Munroe. "Age of majority". About.com. Retrieved 23 September 2009.
The age of majority in Canada is determined by each province and territory in Canada.
- ^ "Children's Rights: China". Library of Congress. Retrieved 18 November 2013.
- ^ Interpol report on Denmark[dead link]
- ^ Interpol report on Djibouti (in French)[dead link]
- ^ "World Law Direct, Age of Majority list". Worldlawdirect.com. Retrieved 29 September 2011.
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ Indian Majority Act
- ^ Ley De La Juventud
- ^ "Iran changes law for execution of juveniles". Iran independent News Service. Retrieved 10 November 2011.
- ^ ghanoononline.ir. ghanoononline.ir. Retrieved on 11 April 2012.
- ^ "Age of Majority Act, 1985". Irish Statute Book. Oireachtas. Retrieved 3 August 2010.
- ^ a b c Chigunta, Schnurr, James-Wilson and Torres (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.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ Republic Act No. 6809, 13 December 1989, Chan Robles Law library
- ^ "Age of Sexual Consent - Poland". Ageofconsent.com. Retrieved 21 August 2012.
- ^ "The Citizens (Natural Persons)". Russian-civil-code.com. Retrieved 29 September 2011.
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ "Age of Majority in Sri Lanka". Lawnet.lk. Retrieved 29 September 2011.
- ^ "Human Rights Watch, ''Iran, Saudi Arabia, Sudan: End Juvenile Death Penalty''". Hrw.org. 8 October 2010. Retrieved 29 September 2011.
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ "Federal Constitution of the Swiss Confederation". Admin.ch. Retrieved 29 September 2011.
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ "Ukraine - Age of Consent to Sexual Activity". Ageofconsent.com. Retrieved 21 August 2012.
- ^ http://www.legislation.gov.uk/ukpga/1969/39/section/1
- ^ Age of Legal Capacity (Scotland) Act 1991
- ^ "Age of majority". Hmrc.gov.uk. 28 June 2011. Retrieved 29 September 2011.
- ^ "Age of Majority Act (Northern Ireland) 1969". Legislation.gov.uk. 26 May 2011. Retrieved 29 September 2011.
- ^ "HOUSE OF KEYS OFFICIAL REPORT" (PDF). 123 (14). 7 March 2006: 694. ISSN 1742-2264. Archived from the original (PDF) on 24 March 2012.
{{cite journal}}
: Cite journal requires|journal=
(help) - ^ Age of Majority (Jersey) Law 1999
- ^ The Age of Majority (Alderney) Law, 2001, guernseylegalresources.gg.
- ^ "Age of Majority". Minors.uslegal.com. Retrieved 16 February 2012.
- ^ 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. 22 July 1975. Retrieved 29 September 2011.
- ^ a b "Nebraska Age of Majority Law – Age of Majority – Minors". Minors.uslegal.com. Retrieved 16 February 2012.
- ^ "Puerto Rico Emancipation Law". youthrights.net.
{{cite web}}
: External link in
(help)|publisher=
- ^ "dgsn.dz".
- ^ :::: 법률지식정보시스템 ::::. Likms.assembly.go.kr. Retrieved on 11 April 2012.
- ^ Age of Majority Act 1970. Section 4.
- ^ Citizen's Advice Bureau. Legal ages and ID. 1 June 2011.
- ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
- ^ Interpol report on Azerbaijan[dead link]
- ^ Ordonnance 62-041 du 19 septembre 1962 relative aux dispositions générales de droit interne et de droit international privé
- ^ Mississippi Age of Majority Law - Age of Majority - Minors
- ^ Can. 97, § 1 CIC.