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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 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 be independent of, and sometimes set at a different age from, the age of majority.

Although a person may attain the age of majority in a particular jurisdiction, they 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 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 their 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 their 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

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

Age 18

Age 19

Age 20

Age 21

Religion

In the Catholic Church, the age of majority is 18 years.[76] In Judaism, at age 13 for males (Bar Mitzvah), or at age 12 for females (Bat Mitzvah), a person is considered an adult[citation needed].

See also

Notes

  1. ^ 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
  2. ^ 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
  3. ^ 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
  4. ^ (Poland) Or upon marriage which for women can happen at 16 the earliest, voting age is 18 always
  5. ^ Minors are emancipated upon marriage or in case of working on a labour agreement or being engaged in business activities.
  6. ^ 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.

References

  1. ^ David R. Senn; Richard A. Weems (2013). Manual of Forensic Odontology. CRC Press. p. 212. ISBN 978-1-4398-5133-3.
  2. ^ Cornick (1995). A Practical Guide to Family Law. Cengage Learning. p. 229. ISBN 978-0-314-04451-8.
  3. ^ "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}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  4. ^ "CONSTITUTION OF THE PORTUGUESE REPUBLIC" (PDF).
  5. ^ Statutory and Judicial Emancipation of Minors in the United States, 2001–2002 analysis by law students of Northeastern University
  6. ^ [1] Civil Code of the Republic of Albania
  7. ^ "Code Annotated". Retrieved 28 July 2015.
  8. ^ Interpol report on Andorra law[dead link]
  9. ^ "Se redujo la mayoría de edad de 21 a 18 años". Retrieved 28 July 2015.
  10. ^ "Children's Rights: Australia". U.S. Library of congress. Section: Who is a Child?.
  11. ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
  12. ^ Interpol report on Bahamas[dead link]
  13. ^ Interpol report on Barbados [dead link]
  14. ^ Interpol report on Belarus[dead link]
  15. ^ Article 476 Civil code of Belgium.
  16. ^ Interpol report on Bosnia and Herzegovina[dead link]
  17. ^ "clan:158" (PDF). Retrieved 29 September 2011.[dead link]
  18. ^ "Cambodia's Law". Retrieved 28 July 2015.
  19. ^ "Cambodia -- Age of Consent". Retrieved 28 July 2015.
  20. ^ a b "Minor". Retrieved 23 August 2014. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  21. ^ "Children's Rights: China". Library of Congress. Retrieved 18 November 2013.
  22. ^ https://www.gvsu.edu/cms3/assets/E122C984-F34A-F437-8340DB5CD900C177/procedures/g-9._guidance_on_age_of_majority_in_us_and_foreign_countries._0725.2012.pdf Guide on ages of majority
  23. ^ Interpol report on Denmark[dead link]
  24. ^ Interpol report on Djibouti (in French)[dead link]
  25. ^ Code for the Protection of the Rights of Children and Adolescents
  26. ^ Civil Code of East Timor
  27. ^ "World Law Direct, Age of Majority list". Worldlawdirect.com. Retrieved 29 September 2011.
  28. ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
  29. ^ http://www.fosigrid.org/africa/guinea-bissau Guinea-Bissau
  30. ^ Indian Majority Act
  31. ^ Iraqi Civil Law: Its Sources, Substance, and Sundering
  32. ^ "Age of Majority Act, 1985". Irish Statute Book. Oireachtas. Retrieved 3 August 2010.
  33. ^ http://www.reunite.org/edit/files/Islamic%20Resource/Kyrgyzstan%20text.pdf Kyrgyz text
  34. ^ 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)
  35. ^ [2] APC.org [3] Malta Civil Code Section 157
  36. ^ http://info4.juridicas.unam.mx/ijure/fed/1/659.htm?s=
  37. ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
  38. ^ Republic Act No. 6809, 13 December 1989, Chan Robles Law library
  39. ^ "Age of Sexual Consent - Poland". Ageofconsent.com. Retrieved 21 August 2012.
  40. ^ "The Citizens (Natural Persons)". Russian-civil-code.com. Retrieved 29 September 2011.
  41. ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
  42. ^ "Births, Deaths and Marriages Registration Act 2002". Retrieved 28 July 2015.
  43. ^ "The Federal Republic of Somalia – Provisional Constitution". Retrieved 25 December 2014.
  44. ^ carina. "Black Sash - Making Human Rights Real - You and Your Rights: Turning 18". Retrieved 28 July 2015.
  45. ^ "Age of Majority in Sri Lanka". Lawnet.lk. Retrieved 29 September 2011.
  46. ^ "Human Rights Watch, ''Iran, Saudi Arabia, Sudan: End Juvenile Death Penalty''". Hrw.org. 8 October 2010. Retrieved 29 September 2011.
  47. ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
  48. ^ "Federal Constitution of the Swiss Confederation". Admin.ch. Retrieved 29 September 2011.
  49. ^ http://www.youthpolicy.org/factsheets/country/tajikistan/ Tajikistan Profile
  50. ^ "Tunisie, la majorité civile est désormais de 18 ans". Retrieved 28 July 2015.
  51. ^ "Powered by Google Docs". Docs.google.com. Retrieved 21 August 2012.
  52. ^ "Ukraine - Age of Consent to Sexual Activity". Ageofconsent.com. Retrieved 21 August 2012.
  53. ^ a b "Family Law Reform Act 1969". gov.uk. 25 July 1969. Retrieved 9 January 2015.
  54. ^ "Age of Majority (Scotland) Act 1969". gov.uk. 25 July 1969. Retrieved 9 January 2015.
  55. ^ Age of Legal Capacity (Scotland) Act 1991
  56. ^ "Age of majority". Hmrc.gov.uk. 28 June 2011. Retrieved 29 September 2011.
  57. ^ . Legislation.gov.uk. 26 May 2011 http://www.legislation.gov.uk/apni/1969/28. Retrieved 29 September 2011. {{cite web}}: Missing or empty |title= (help)
  58. ^ "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)
  59. ^ Age of Majority (Jersey) Law 1999
  60. ^ The Age of Majority (Alderney) Law, 2001, guernseylegalresources.gg.
  61. ^ a b "Age of Majority". Minors.uslegal.com. Retrieved 16 February 2012.
  62. ^ 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.
  63. ^ a b "Nebraska Age of Majority Law – Age of Majority – Minors". Minors.uslegal.com. Retrieved 16 February 2012.
  64. ^ "Puerto Rico Emancipation Law". youthrights.net. {{cite web}}: External link in |publisher= (help)
  65. ^ https://www.fidh.org/IMG/pdf/ubhrrl_report_2013.pdf Humans rights in Uzbekistan
  66. ^ "dgsn.dz".
  67. ^ :::: 법률지식정보시스템 ::::. Likms.assembly.go.kr. Retrieved on 11 April 2012.
  68. ^ "Voting age in Japan to be lowered from 20 to 18".
  69. ^ "Age of Majority Act 1970". Retrieved 28 July 2015.
  70. ^ Interpol report on Azerbaijan[dead link]
  71. ^ a b c d e f Sexual Offences Laws – Countries. Interpol.int (2011-01-31). Retrieved on 11 April 2012.
  72. ^ Indonesian Civil Code
  73. ^ Ordonnance 62-041 du 19 septembre 1962 relative aux dispositions générales de droit interne et de droit international privé
  74. ^ "Proposal to lower the Age of Contractual Capacity from 21 years to 18 years, and the Civil Law (Amendment) Bill". Singapore: Ministry of Law. Retrieved 23 August 2014.
  75. ^ "Mississippi Age of Majority Law". Retrieved 28 July 2015.
  76. ^ Can. 97, § 1 CIC.
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