Laws Relevant to Children and Young People in Germany > Summary of the Age-Related Legal Regulations

 


Age-related Legal Regulations
 

     Age

The legal capacity of a person begins with their birth

0

From the age of three to the start of school, children are entitled to attend a nursery (section 24 of the Social Code/SGB VIII)

3

Beginning of the compulsory school attendance

6

Admission to the films approved for the respective age group 

6, 12, 16, 18

A minor who has turned seven has limited legal competence in accordance with sections 107 to 113 of the German Civil Code (BGB)

7

Anyone who has not yet turned seven is not responsible for damage that he/she causes to others

7

For a declaration of intent that is not advantageous only to him/her, a minor (under the age of 18) requires the consent of his/her legalrepresentative (section 107 of the German Civil Code/BGB)

7-18

If the minor has unlimited legal competence, his/her consent replaces the consent of the representative

16

Child labour is generally forbidden up until the age of 15. Exceptions are permitted

15

Active and passive right to vote for youth representatives in companies

14

Limited criminal responsibility

14

Crimes committed by young persons (14–18) are always tried by juvenile courts; this also applies to adolescents (18–21) who at the time of the crime – based on their moral and mental development – were equivalent to the status of a juvenile

14-20

Unlimited criminal responsibility

21

Right to acquire a driving licence for:
 
– Motorised bikes up to a speed of 25 km/h
– Mopeds up to 50 km/h and light motorcycles up to 80 km/ph
– Automobiles (class 3) and motorbikes up to 20 kW (class 1a)
Probationary period for supervised driving
– Motorbikes (class 1), provided the person has had licence 1a for at least two years
– Lorries (class 2)

 

15
16
18
17
20
21

Permission to take up full-time employment, dependent on the duration of compulsory full-time school attendance in the individual Federal Länder

(15) 16

Night shifts are permitted from 

18

Sale of tobacco products to young people, including from cigarette vending machines and Smoking in public from

18

Sale of alcoholic beverages to young people permitted from 

18

Permission to attend public dance events up to 12 midnight

16

Marriage with the consent of the guardianship court is possible if the future spouse is of age

16

Duty to possess a personal identification card from

16

A person should not be married until they have come of age (of marriageable age). The family court can grant a petition to exempt the person from this regulation if the petitioner has turned 16 and his/her future spouse is of age

16

With the consent of their parents, boys can sign up for basic military service

17

Beginning of military service duty for men. Since 1 January 2002, the duration of the basic military service has been nine months

18

Women may render armed service, but may not be obligated to do so (Basic Law (Grundgesetz) Art. 12a, resolution of the Bundestag of 27 October 2000)

18

For adults, the following constitutes a punishable offence:
– Performing sexual acts on a child or having a child perform sexual acts on an adult
– Ordering a child to perform sexual acts on a third party or letting a third party perform sexual acts on him/her
– Affecting a child by showing pornographic images or depictions by playing sound recording and storage mediums of pornographic content or by talking accordingly
– Seducing girls under the age of 16 to perform sexual intercourse
– Sexual abuse of charges under the age of 18

 

The right to join a trade union, as soon as an apprenticeship or working relationship has commenced

15/16

End of compulsory school attendance

18

Majority from

18

Active and passive right to vote from 

18

Age of consent for the acquisition and possession of firearms for hunters, after passing the hunters’ examination

18

Age of consent for the acquisition and possession of firearms 

21

Capability to serve as an lay judge or member of the jury

25