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. 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 8

Age 14

Age 18

Age 19

Age 20

Age 21

Religion

In the Catholic Church, the age of majority is 18 years.[81] In Judaism, after a Bar Mitzvah at age 13 or Bat Mitzvah at age 12, a person is considered an adult.

See also

Notes

  1. ↑ 1.0 1.1 1.2 Age is defined or interpreted by the age of maturity in Shari'ah law. Specifically, 9 lunar years for women and 15 lunar years for men, with discretion based on physical/mental maturity.[8]
  2. ↑ 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
  3. ↑ 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
  4. ↑ Iraq's Civil Code defines the age of majority as 18, however, due to the Iraqi constitution and instability [note 1] may apply as courts choose between Shari'ah law and the Civil Code
  5. ↑ (Poland)Or upon marriage which for women can happen at 16 the earliest, voting age is 18 always
  6. ↑ Minors are emancipated upon marriage or in case of working on a labour agreement or being engaged in business activities.
  7. ↑ 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.
  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. ↑ 6.0 6.1 Iran HRDC Legal Commentary
  7. ↑ 7.0 7.1 The Law of Procedure Before Shari'ah Courts
  8. ↑ Campbell, Christian (2007). Legal Aspects of Doing Business in the Middle East. p. 265. ISBN 978-1-4303-1914-6.
  9. ↑ Civil Code of the Republic of Albania
  10. ↑ American Samoa Bar Association Annotated General Provisions of the Juvenile Justice
  11. ↑ Interpol report on Andorra law
  12. ↑ http://www.wradio.com.co/noticias/sociedad/se-redujo-la-mayoria-de-edad-de-21-a-18-anos/20091202/nota/918949.aspx
  13. ↑ "Children’s Rights: Australia". U.S. Library of congress. Section: Who is a Child?.
  14. ↑ "Powered by Google Docs" (PDF). Docs.google.com. Retrieved 2012-08-21.
  15. ↑ Interpol report on Bahamas
  16. ↑ Interpol report on Barbados
  17. ↑ Interpol report on Belarus
  18. ↑ Article 476 Civil code of Belgium.
  19. ↑ Interpol report on Bosnia and Herzegovina
  20. ↑ "clan:158" (PDF). Retrieved 29 September 2011.
  21. ↑ Cambodia's Law
  22. ↑ Cambodia -- Age of Consent
  23. ↑ 23.0 23.1 "Minor and dependent children". Government of Canada. Retrieved 23 August 2014.
  24. ↑ "Children's Rights: China". Library of Congress. Retrieved 2013-11-18.
  25. ↑ http://www.corteconstitucional.gov.co/sentencias/1994/T-015-94.rtf
  26. ↑ http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=4965
  27. ↑ 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
  28. ↑ Interpol report on Denmark
  29. ↑ Interpol report on Djibouti (in French)
  30. ↑ Code for the Protection of the Rights of Children and Adolescents
  31. ↑ Civil Code of East Timor
  32. ↑ "World Law Direct, Age of Majority list". Worldlawdirect.com. Retrieved 29 September 2011.
  33. ↑ "Powered by Google Docs" (PDF). Docs.google.com. Retrieved 2012-08-21.
  34. ↑ http://www.fosigrid.org/africa/guinea-bissau Guinea-Bissau
  35. ↑ Indian Majority Act
  36. ↑ Iraqi Civil Law: Its Sources, Substance, and Sundering
  37. ↑ "Age of Majority Act, 1985". Irish Statute Book. Oireachtas. Retrieved 3 August 2010.
  38. ↑ http://www.reunite.org/edit/files/Islamic%20Resource/Kyrgyzstan%20text.pdf Kyrgyz text
  39. ↑ 39.0 39.1 39.2 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.
  40. ↑ APC.org Malta Civil Code Section 157
  41. ↑ http://info4.juridicas.unam.mx/ijure/fed/1/659.htm?s=
  42. ↑ http://www.cab.org.nz/vat/gl/roi/Pages/LegalagesandID.aspx
  43. ↑ Age of Majority Act 1970. Section 4.
  44. ↑ "Powered by Google Docs" (PDF). Docs.google.com. Retrieved 2012-08-21.
  45. ↑ Republic Act No. 6809, 13 December 1989, Chan Robles Law library
  46. ↑ "Age of Sexual Consent - Poland". Ageofconsent.com. Retrieved 2012-08-21.
  47. ↑ "The Citizens (Natural Persons)". Russian-civil-code.com. Retrieved 29 September 2011.
  48. ↑ "Powered by Google Docs" (PDF). Docs.google.com. Retrieved 2012-08-21.
  49. ↑ Samoa Births, Deaths, and Marriages Registration Act - Consolidated
  50. ↑ "The Federal Republic of Somalia – Provisional Constitution". Retrieved 25 December 2014.
  51. ↑ http://www.blacksash.org.za/index.php/your-rights/children/item/you-and-your-rights-turning-18
  52. ↑ "Age of Majority in Sri Lanka". Lawnet.lk. Retrieved 29 September 2011.
  53. ↑ "Human Rights Watch, ''Iran, Saudi Arabia, Sudan: End Juvenile Death Penalty''". Hrw.org. 8 October 2010. Retrieved 29 September 2011.
  54. ↑ "Powered by Google Docs" (PDF). Docs.google.com. Retrieved 2012-08-21.
  55. ↑ "Federal Constitution of the Swiss Confederation". Admin.ch. Retrieved 29 September 2011.
  56. ↑ http://www.youthpolicy.org/factsheets/country/tajikistan/ Tajikistan Profile
  57. ↑ http://www.gnet.tn/revue-de-presse-nationale/tunisie-la-majorite-civile-est-desormais-de-18-ans/id-menu-958.html
  58. ↑ "Powered by Google Docs" (PDF). Docs.google.com. Retrieved 2012-08-21.
  59. ↑ "Ukraine - Age of Consent to Sexual Activity". Ageofconsent.com. Retrieved 2012-08-21.
  60. ↑ https://www.fidh.org/IMG/pdf/ubhrrl_report_2013.pdf Humans rights in Uzbekistan
  61. ↑ 61.0 61.1 "Family Law Reform Act 1969" (PDF). gov.uk. 25 July 1969. Retrieved 9 January 2015.
  62. ↑ "Age of Majority (Scotland) Act 1969" (PDF). gov.uk. 25 July 1969. Retrieved 9 January 2015.
  63. ↑ Age of Legal Capacity (Scotland) Act 1991
  64. ↑ "Age of majority". Hmrc.gov.uk. 28 June 2011. Retrieved 29 September 2011.
  65. ↑ "Age of Majority Act (Northern Ireland) 1969". Legislation.gov.uk. 26 May 2011. Retrieved 29 September 2011.
  66. ↑ "HOUSE OF KEYS OFFICIAL REPORT" (PDF) 123 (14). 7 March 2006. p. 694. ISSN 1742-2264. Archived from the original (PDF) on 2012-03-24.
  67. ↑ Age of Majority (Jersey) Law 1999
  68. ↑ The Age of Majority (Alderney) Law, 2001, guernseylegalresources.gg.
  69. ↑ "Age of Majority". Minors.uslegal.com. Retrieved 16 February 2012.
  70. ↑ 70.0 70.1 "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.
  71. ↑ 71.0 71.1 "Nebraska Age of Majority Law – Age of Majority – Minors". Minors.uslegal.com. Retrieved 16 February 2012.
  72. ↑ "Puerto Rico Emancipation Law". youthrights.net.
  73. ↑ "dgsn.dz".
  74. ↑ :::: 법률지식정보시스템 ::::. Likms.assembly.go.kr. Retrieved on 11 April 2012.
  75. ↑ Interpol report on Azerbaijan
  76. ↑ 76.0 76.1 76.2 76.3 76.4 76.5 Sexual Offences Laws – Countries. Interpol.int (2011-01-31). Retrieved on 11 April 2012.
  77. ↑ Indonesian Civil Code
  78. ↑ Ordonnance 62-041 du 19 septembre 1962 relative aux dispositions générales de droit interne et de droit international privé
  79. ↑ "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 August 23, 2014.
  80. ↑ Mississippi Age of Majority Law - Age of Majority - Minors
  81. ↑ Can. 97, § 1 CIC.