Cecily Zamora
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person is no longer considered a minor and assumes legal control over their person, actions, and decisions. The age of majority varies across jurisdictions, with most countries setting it at 18, while some have it at 20 or 21. For example, in California, the age of majority was changed from 21 to 18 in 1972. In England and Ireland, the common law previously treated those under 21 as minors, but this has since been lowered to 18. The age of majority can be affected by emancipation, which can occur through marriage, economic self-sufficiency, obtaining an educational degree, or military service, and allows minors to make decisions free from parental control.
| Characteristics | Values |
|---|---|
| Definition | The age of majority is the threshold of legal adulthood as recognized or declared in law. |
| Legal implications | A person assumes legal control over their person, actions, and decisions, and the control and legal responsibilities of their parents or guardian cease. |
| Age | Most countries set the age of majority at 18, but some jurisdictions have a higher age (e.g., 20 or 21) and others lower. |
| Emancipation | Minors can be emancipated through acts such as marriage, attaining economic self-sufficiency, obtaining an educational degree, or participating in military service. |
| Historical context | The common law in England, Ireland, and Scotland treated a person under 21 years of age as a minor. |
| Variation | The age of majority varies across jurisdictions, with countries like Denmark, France, Germany, Italy, Luxembourg, and Sweden setting it at 18, while others like Switzerland and Austria have different ages (20 and 19, respectively). |
| Exceptions | Some countries, like Cuba, Scotland, and some US states, have the age of majority set at 16. |
| Arguments for lowering | Younger generations are more educated and are ready for life earlier due to better access to information. |
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What You'll Learn
Age of majority in different countries
The age of majority is the threshold at which a person is legally recognised as an adult and is no longer a minor. This usually means that parental or guardian control over that person is terminated, and they assume legal control over their person, actions, and decisions.
The age of majority varies across the world. In most countries, it is set at 18, but some have it higher or lower. For example, in Denmark, the United States, and Washington D.C., the age of majority is lower than 18, while in Austria, Finland, Norway, Greece, Ireland, the Netherlands, Belgium, and Spain, it is 21. Switzerland has an age of majority of 20.
In some countries, the age of majority has been lowered to 16 for voting, and in England and Wales, there is a proposal to lower the age of majority to 16, as it already is in Cuba and Scotland.
It is important to note that the age of majority can be distinct from the age at which certain rights are conferred. For example, in the United States, a person can be emancipated at 16, but they must be 18 to vote or buy a firearm, and 21 to buy alcohol or tobacco. Similarly, in China, a person is considered a minor until the age of 14, but they still cannot smoke or drink alcohol until they are 18.
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Emancipation of minors
The age of majority is the threshold of legal adulthood as recognised or declared in law. Most countries set the age of majority at 18, but some have it higher or lower. For example, in the US, the age of majority is 21, while in Cuba and Scotland, it is 16. In England, under common law, a person reached the age of majority at midnight at the beginning of the day of their birthday; this was not always the case. Previously, the age of majority was 21.
In many countries, minors can be emancipated. Emancipation confers the status of maturity before a person reaches the age of majority. In some jurisdictions, this may happen through acts such as marriage, attaining economic self-sufficiency, obtaining an educational degree or diploma, or participating in a form of military service.
In the United States, all states have some form of emancipation of minors. An emancipated minor does not acquire all the rights of an adult, nor does a child lack rights simply because they are not emancipated. Minors who are emancipated may be able to choose where they live, sign contracts, and have control over their financial and medical decisions, but they are not exempt from age requirements set forth in law for other rights. For example, in the US, a minor can emancipate at 16, but they must still wait until 18 to vote or buy a firearm, and 21 to buy alcohol or tobacco.
Emancipation is unavailable in England, Wales, Ireland, Australia, and New Zealand, where the route to gradual civic rights for adolescents is preferred. In these countries, the rights of minors to act on their own behalf are granted on a case-by-case basis if a minor can show the capacity and maturity to handle them, and juvenile emancipation is deemed unnecessary.
In Canada, emancipation is only available in Quebec. In Brazil, statutory provision for juvenile emancipation exists outside of common law jurisdictions.
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Rights and responsibilities of adults
The age of majority is the threshold of legal adulthood as recognised or declared in law. It is the age at which a person ceases to be considered a minor, and assumes legal control over their person, actions, and decisions. This marks the end of parental or guardian control and their related legal responsibilities. The age of majority is commonly set at 18, although this varies across different countries and jurisdictions. For example, in Scotland, the age of majority is 16, while in Greece, Ireland, the Netherlands, Belgium, and Spain it is 21. In the United States, the age of majority is 18 in most states, but minors can be emancipated and gain certain rights at 16 (or younger, depending on the state).
Rights and responsibilities vary depending on the specific laws of a jurisdiction. However, some general rights that adults gain at the age of majority include the right to vote, to marry, to apply for credit, to make medical and financial decisions, to sign contracts, and to live independently. Adults also gain the right to make decisions about their healthcare, finances, education, and other personal matters without parental or guardian consent.
With these rights come responsibilities, and adults are held accountable for their actions and may face legal consequences. Adults have the privilege and civic duty to participate in democratic processes and shape public policy. They are also expected to be prepared for emergencies and to have the proper legal documents in place, such as a power of attorney, a healthcare directive, and insurance coverage.
In addition to these general rights and responsibilities, there are also age-specific licenses that may be granted at or before the age of majority. For example, the right to drive a car, to drink alcohol, to smoke tobacco or marijuana, to buy firearms, and to work may be granted at a younger age depending on the country and its specific laws.
It is important to note that the age of majority is distinct from the concept of the age of license, which refers to the permission to exercise certain rights and responsibilities. The age of license may be higher, lower, or match the age of majority. For example, in the United States, the voting age and the right to buy alcohol are both set at 21, while the age of majority is typically 18.
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Historical evolution of the age of majority
The age of majority is the threshold of legal adulthood as recognised or declared in law. It is the moment when a person is no longer considered a minor and assumes legal control over their person, actions, and decisions, thus ending the control and legal responsibilities of their parents or guardian. The age of majority can be differentiated from the age of license, which is the minimum age at which a person may be authorised to perform a specific activity, such as driving a motor vehicle.
Historically, there have been different ages of majority, varying across different time periods, contexts, and genders. In medieval England during the era of feudalism, the age of majority was 21 for males and 14 for married females or 16 for single females. Roman law, on the other hand, did not have an age of majority in the modern sense, as individuals remained under the authority of the Pater familias until his death. The age of adulthood was set at 12 for girls and 14 for boys, with boys gaining rights such as marriage, military service, and eligibility for public office.
In the 20th century, the age of majority in many countries was 21. For example, the United States established 21 as the voting age in 1919, while the age of majority in all or most states was 21 until 1971. In England, the age of majority was reduced from 21 to 18 by the Family Law Reform Act of 1969, following a 1967 report by the Latey Committee, which concluded that the historical causes for setting the age of majority at 21 were no longer relevant to contemporary society. This evolution towards a lower age of majority was influenced by factors such as labour laws and changing cultural norms regarding alcohol consumption.
By the turn of the 21st century, 18 had become the standard age of majority in most countries, including the United States. This standard was influenced by Nixon's decision to federally change the voting age to 18 in 1971, during the Vietnam War. However, it is important to note that the age of majority can still vary across different jurisdictions and certain activities, such as drinking alcohol, may have higher age requirements. Additionally, the concept of legal emancipation allows minors to attain maturity before reaching the age of majority in certain circumstances, such as marriage, military service, or obtaining a certain educational degree.
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Comparison with other age-related laws
The age of majority is the threshold of legal adulthood as recognised or declared in law. It is the moment when a person ceases to be considered a minor and assumes legal control over their person, actions, and decisions. The age of majority is a legally fixed age, which may differ depending on the jurisdiction.
The age of majority is distinct from, but related to, other age-related laws, such as the age of consent, voting age, drinking age, and driving age. These laws also vary by jurisdiction and are based on societal expectations and norms.
The age of consent, for example, is the age at which a person is considered legally competent to consent to sexual acts. While it is typically related to the age of majority, it is not always the same. In the mid-19th century, ages from ten to thirteen were considered acceptable ages for sexual consent in Western countries. However, by the end of the 19th century, changing attitudes towards sexuality and childhood resulted in a gradual increase in the age of consent. Today, most jurisdictions set the age of consent within the range of 14 to 18, with some outliers like Niger and Western Sahara, which set the age at 13, and Mexico, which has a range between 12 and 18.
Voting age is another age-related law that can differ from the age of majority. Since 2015, some countries have lowered the voting age to 16, while most countries that have an age of majority set at 18, also have a voting age of 18.
The drinking age and driving age also vary by jurisdiction and are often set at an age higher than the age of majority. For example, in the United States, the drinking age is typically 21, while the age of majority is 18.
It is important to note that the age of majority is a legal construct, and actual mental or physical maturity may not necessarily correspond to the chronological age set by law.
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Frequently asked questions
The age of majority is the threshold of legal adulthood as recognised or declared in law. It is the moment when a person is no longer considered a minor and assumes legal control over their person, actions, and decisions.
The common law age of majority is 21 years. This was the case in England, Ireland, and Scotland. However, in 1972, California changed the age of majority from 21 to 18.
Most countries now set the age of majority at 18, but some jurisdictions have a higher age and others lower. For example, the age of majority is 19 in Austria, 20 in Switzerland and Finland, and 21 in Greece, Ireland, the Netherlands, Belgium, and Spain.
Yes, in many countries, minors can be emancipated through acts such as marriage, attaining economic self-sufficiency, obtaining an educational degree, or participating in military service.
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