Gavin Howe
There are many laws that apply specifically to teenagers, and these can vary between different countries and states. In Australia, for example, the age of criminal responsibility is 10 years, except in the Australian Capital Territory, where it is 14 years. In most Australian states, the age at which someone can legally consent to sex is 16 years, except in South Australia and Tasmania, where it is 17 years. In the United States, youth are often tried as adults in criminal court, despite scientific research showing key developmental differences between youth and adults that impact decision-making, impulse control, and susceptibility to peer pressure. Teenagers also have many rights, including the right to an education, to work, to health services, and to be safe from harm.
| Characteristics | Values |
|---|---|
| Age of criminal responsibility | 10 years in Australia, except in the Australian Capital Territory, where it's 14 years |
| Age to consent to sex | 16 years in most Australian states and territories, except in South Australia and Tasmania, where it's 17 years |
| Age to get a body piercing | Under 18 years with parental permission; under 16 years for ear piercing |
| Age to give full legal consent for medical treatment | 18 years |
| Age to be tried as an adult | No fixed age, but around 50,000 youth are transferred to adult criminal justice systems each year |
| Age to begin work | 16 years in most states |
| Age to drive | 16-19 years |
| Age to drink alcohol | 18-21 years |
| Right to education | Yes, with proper resources, environment, and facilities |
| Right to respect | Yes, from others |
| Right to a sustainable lifestyle | Yes, including shelter, food, and clothing |
| Right to be loved | Yes, including support and comfort |
| Right to be safe from harm | Yes, including physical, emotional, and other types of harm |
| Right to health | Yes, including treatment for sexually transmitted diseases and drug counselling |
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What You'll Learn
Teenagers' rights to education and work
While laws differ between states, countries, and jurisdictions, teenagers generally have a set of rights that are legally protected. These rights encompass various aspects of their lives, including education and work.
Teenagers' Rights to Education
All teenagers have the right to an education. This right includes access to the proper resources, environment, and facilities needed to receive an education. While states may differ in their agreed-upon curriculum, they all recognize the fundamental right of teenagers to be taught and to learn. This right to education also includes a teenager's ability to have a say in their high school curriculum, particularly regarding elective courses.
In most states, teenagers aged 16 and older have the right to decide to drop out of high school, although this decision typically requires parental agreement.
Teenagers' Rights to Work
In most states, teenagers gain the right to begin work at the age of 16. However, they can take on certain jobs, such as paper routes, as early as the age of 12. It is important to note that teenagers do not have the formal right to property until they turn 18. This means that if something happens to a teenager's property, such as theft, their parents are legally responsible for taking recourse.
Teenagers also have the right to emancipate themselves from their parents in certain circumstances. Emancipation grants teenagers complete independence from their parents and the legal right to fend for themselves. In such cases, the teenager becomes solely responsible for providing for their needs.
Other Rights
In addition to educational and work rights, teenagers possess a range of other rights, including health, family, and legal rights. They have the right to respect, a sustainable lifestyle, shelter, food, and clothing. They also have the right to be loved and to be safe from harm, including physical, emotional, and other forms of harm.
To empower teenagers to understand and claim their rights, organizations like Amnesty International have created educational resources, such as the book "Know Your Rights and Claim Them," co-written by Angelina Jolie and Professor Geraldine Van Bueren QC.
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Sexting, drinking, driving, and cyberbullying laws
Sexting laws prohibit both sending and receiving explicit images of minors, which is also known as child pornography. While child pornography laws were originally aimed at sexual predators, some states have adopted laws that specifically target teenagers who send such images. These laws often impose reduced penalties compared to child pornography laws, but only when sexting is consensual. However, these reduced penalties do not apply if one of the parties involved is coerced into sending an image, shares the image without consent, or harasses the person in the image.
In the United States, the minimum legal drinking age is 21 years. However, the 21st Amendment to the Constitution allows each state to make its own laws regarding the sale and distribution of alcohol within its borders. While some states have strict internal possession laws, others may require evidence of a minor possessing or consuming alcohol. Many states have a zero-tolerance law for underage drinking and driving, and drunk-driving laws are always strictly enforced. Underage drinking increases the risk of being involved in an accident, being a victim of crime, and suffering from addiction later in life.
Driving under the influence of any impairing substance, including alcohol, illegal drugs, and prescription medication, can have deadly consequences. The likelihood of teen drivers engaging in risky behaviour increases when travelling with passengers, especially multiple passengers. Research shows that the risk of a fatal crash increases with the number of teenagers in the car. In the United States, one out of every ten high school teenagers drives after drinking alcohol, and young drivers are three times more likely to be involved in a fatal car crash when alcohol is involved.
Cyberbullying is the use of the internet or mobile technology to harass, intimidate, or harm another person. It can be as traumatizing, if not more so, than traditional forms of bullying. While many states have bullying laws in place, a growing number also have specific online bullying or electronic harassment provisions. Cyberbullying has played a role in many teen suicides, and victims may seek remedies in civil courts or encourage criminal prosecutors to take action.
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Youth tried as adults
Despite the existence of a separate juvenile justice system, youth are frequently charged and prosecuted in the adult criminal justice system. Around 50,000 youth are transferred to the adult system each year, and the number of youth facing adult prosecution increased significantly in the 1990s due to a baseless and racist myth that a generation of "super-predators" was on the rise. While crime rates have decreased since then, these laws continue to subject youth to criminal conviction and sentencing.
Scientific research has shown key developmental differences between youth and adults that impact their decision-making, impulse control, and susceptibility to peer pressure. The US Supreme Court has acknowledged that youth are less blameworthy than adults and more capable of change and rehabilitation. However, the adult criminal justice system is driven by punishment and retribution, with limited opportunities for rehabilitation. Youth in the adult system face a higher risk of sexual abuse, physical assault, and suicide, and they are denied access to essential programs and services, including education, treatment, and counselling services, which are crucial for their healthy development and reducing re-offending rates.
The treatment of justice-involved youth in the US is inconsistent with scientific evidence. All 50 states have transfer laws that allow or require children to be prosecuted in adult criminal court, and there is no constitutional right to be tried in juvenile court. This approach is counter to scientific knowledge about the significant differences between the brains of children and adults and the continued maturity and development that occurs into the 20s.
The Equal Justice Initiative (EJI) challenges the abusive treatment of children in the adult criminal justice system. Children prosecuted as adults often suffer from untreated mental illness and limited experience managing their disabilities, resulting in more aggressive punishment that can worsen their mental health. Children as young as eight have been charged as adults and sentenced to extreme sentences in adult prisons. The US is the only country where children as young as 13 have been sentenced to life imprisonment without parole.
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Age of criminal responsibility
The age of criminal responsibility is the age at which one can be arrested, charged, and found guilty of breaking the law. The terminology varies by jurisdiction and sphere; for example, "defense of infancy" is a term predominantly used in the US, while the "age of criminal responsibility" is used in most European countries, the UK, Australia, New Zealand, and other Commonwealth of Nations countries.
In Australia, the age of criminal responsibility is 10 years, except in the Australian Capital Territory, where it is 14 years. For children aged 10-13 years to be found guilty of breaking the law in Australia, it must be proven that they knew their behavior was "seriously wrong" at the time, not just "naughty." From 14 years onwards, children are considered fully responsible if they break the law.
In Scotland, the age of criminal responsibility was raised from 8 to 12 years through the implementation of the Age of Criminal Responsibility (Scotland) Act 2019, which came into force on March 31, 2020. In England, Wales, and Northern Ireland, the age of criminal responsibility is 10 years, while in the Netherlands and Canada, it is 12 years. The Philippines previously raised the minimum age of criminal responsibility from 9 to 15 years, in line with its international obligations to the UN Convention on the Rights of the Child. However, there have been attempts to lower it back to 12 years.
The age of criminal responsibility is a highly debated topic, with organizations like UNICEF advocating against lowering the minimum age. UNICEF argues that reducing the age would weaken the system of prevention of juvenile offending and rehabilitation, making it easier for syndicate groups to exploit even younger children to commit crimes. Furthermore, scientific research has shown key developmental differences between youth and adults, impacting youth's decision-making, impulse control, and susceptibility to peer pressure. While these differences do not excuse youths from responsibility for their actions, the US Supreme Court has acknowledged that youth are less blameworthy than adults and more capable of change and rehabilitation. Despite this, many countries continue to subject youth to criminal conviction and sentencing, with approximately 50,000 youth transferred to the adult criminal justice system each year.
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Teenagers' rights to health and body autonomy
Teenagers have a variety of rights that are legally recognised and protected, including rights to health and body autonomy. These rights are important to ensure the safety and well-being of teenagers and to promote their social and emotional development.
Right to Health
Teenagers have the right to access healthcare and make certain decisions regarding their health. In most countries, the age at which teenagers can legally consent to medical treatment and refuse it is 18. However, teenagers can seek drug counselling and treatment for sexually transmitted diseases without their parents' knowledge or consent. Additionally, the National Medical Health and Research Council (NHMRC) recommends that teenagers refrain from alcohol and illegal drugs, as these can negatively impact their health and development.
Right to Education
All teenagers have the right to an education. While the curriculum may vary between states, teenagers have the right to basic education and the necessary resources, environment, and facilities to support their learning. In most states, teenagers aged 16 and older can also choose to drop out of high school, although parental agreement is often required.
Right to Work
In most states, teenagers gain the right to begin work at the age of 16. However, some jobs, such as paper routes, may be available to younger teenagers, with children as young as 12 being allowed to work in some capacities.
Body Autonomy
Body autonomy, as defined by the United Nations, gives individuals the power and agency over their bodies and future, free from violence or coercion. This means that teenagers have the right to consent or refuse physical touch and acts. Teaching children about body autonomy and consent is crucial for their social and emotional development and can help prevent child sexual abuse. Additionally, in the context of medical treatment, bodily integrity protects an individual's physical autonomy and inviolability, giving them the right to refuse interventions or treatments they are uncomfortable with. However, bodily interference may be lawful in certain circumstances, such as when the patient's competence is in question or when it is in their best interests.
Legal Rights
Teenagers also have certain legal rights and protections under the law. While the age of criminal responsibility varies between jurisdictions, it is generally recognised that teenagers under a certain age may not be fully responsible for their actions. Additionally, youth prosecuted in the adult criminal justice system face increased risks of sexual abuse, physical assault, and suicide, highlighting the importance of separate juvenile justice systems that focus on rehabilitation.
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Frequently asked questions
Parents should be aware of laws regarding sexting, drinking, driving and cyberbullying. For example, in California, a teen can be charged with DUI if their blood alcohol level is .01% or higher. Parents are also liable for their under-18-year-old child if they are driving a vehicle owned by the parents.
Teens have the right to respect from others, a sustainable lifestyle, shelter, food, clothing, and to be loved. They also have the right to be safe from harm, including physical, emotional, and other types of harm. Additionally, teens have the right to education, and those 16 and older can decide to drop out of high school, although in most states, a parent's agreement is required.
In some places, body piercers are not allowed to give teenagers under 16 years old piercings in intimate areas, even with parental permission. For ear piercings, permission is needed only if they are under 16.
Note that laws may vary based on location.
