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Child-Related Laws

Table of Contents

Introduction

According to the Child Rights Law (2019), a must pause the proceedings until the higher court issues a ruling on the revision.'); return false;">revisionchild is a person under 18 years of age.1 A child enjoys all the same rights as adults in addition to special rights and protections that vary according to age.

Every must pause the proceedings until the higher court issues a ruling on the revision.'); return false;">revisionchild enjoys equal rights and protections before the law, regardless of race, religion, status, culture, birth or sex.2

Children have a right to free primary-level education and educational opportunities without discrimination.3

Children have the right to inheritance and to hold property.4

The minimum age of marriage for men or women is 18 years of age.5

Customary practices and special laws, such as Myanmar Buddhist Women's Special Marriage Law (2015) may affect custody, child support payments, among other matters.6

Identity documents

Birth certificate

A birth certificate is the best identity document for proof of age.7

Proof of age may also include a certified copy of school entrance registration, household lists, and citizenship documents such as the Citizenship Scrutiny Card (CSC).8

The easiest way to obtain a birth certificate is to first register a child at birth.9

Registration at birth

Every child has the right to have his or her birth entered into an official birth registration record for free and without discrimination.10

If a child is born at a hospital, hospital staff should submit the relevant paperwork to the Township Medical Officer (TMO).

If a child is not born at a hospital, the parent or guardian should travel to a local hospital as soon as possible to receive the necessary documentation which then must be submitted to the local TMO.

Once a child is registered at birth, the local authorities will issue a birth certificate.11

Household list

A parent or legal guardian must register a child to their household list within 7 days of the child’s birth.12

To register a child for a household list, the applicant should go to the Ministry of Labour, Immigration, and Population (MoLIP) office local to their township or village.

Citizenship documents

Every child has the right to citizenship in accordance with the law.13 However, a child born in Myanmar, or abroad to Myanmar parents, are not automatically granted full citizenship rights. There are many conditions that determine citizenship rights.

Children eligible for citizenship documents, or scrutiny cards, can apply starting from the age of 10. They should then be renewed at age 18, 30, and 45.

An application for a scrutiny card must be submitted to the nearest township’s Immigration and National Registration Department (INRD).

This document is required as proof of identity for many different activities including to:

travel, enter formal employment, purchase land, legalise a marriage, conduct bank transfers, access disability services, and pass citizenship on to their children.

Parental care and guardianship

Legal duty to care for children

A child’s parent or legal guardian is responsible for the well-being of the child, including provision of clothing or food, protection from abuse, financial support, managing assets, healthcare, education and registration at birth.

Every child has the right to live with one or both of their parents.14 A child must not be forcibly separated from his or her parents unless it is in the child’s best interests.

A court may appoint a legal guardian under specific circumstances, such as the death of a parent or in cases of parental abuse, neglect, and exploitation.15 This must be done in the best interests of the child, take into account the child’s consent and the age and maturity of the child in giving that consent.

If the mother of a child is in prison and no other person is available to take custody of her child, the mother may request that her child stay with her in prison until the age of 6.16 Under such circumstances, the officer in charge of the prison is responsible for food, clothing, accommodation and healthcare of the child.17

For children deprived of care in a family environment, the Department of Social Welfare (DSW) may also place the child in alternative care facilities such as a Training School or Temporary Care Station.18

The failure of a parent or guardian to protect a child under their care from violence, exploitation, and other forms of abuse may lead to criminal or civil penalties.19  For example, failing to prevent a child from engaging in prostitution is a punishable offence.20

 

Financial obligations

The parent of a child has a responsibility to support the child.21

A child may be entitled to monthly payments if his or her parents fail to provide necessary support.22

Subject to specific conditions, a child, parent, or guardian may be able to sue the child’s father for financial support,23 regardless of whether the parents are divorced or not.24

 

Alternative care facilities

Where a child does not have a living parent or legal guardian, or it is not in his or her best interests to remain with the parent or legal guardian, a child may be placed in a government-approved alternative care facility.25

For example, a child in need of care may be placed in a Training School, including in some circumstances a child convicted of a crime.26 A child accused of committing a crime may also be placed in a Temporary Care Station during investigation of the case and/or during trial.27

Alternative care facilities are to be considered only where no other reasonable options are available and for the shortest duration of time as possible.28

Abuse and exploitation

Anyone who believes that a child is in need of protection and care may inform the relevant Social Welfare Officer.29

The Social Welfare Officer shall investigate the case. If he or she believes a criminal offence has been committed against a child, the Officer shall report the case to the relevant police station.30

Where there is a conviction, the court may order the person found guilty of the crime to pay compensation to the child victim.331

The failure of a parent or guardian to protect a child under their care from violence, exploitation, and other forms of abuse may lead to criminal or civil penalties.32  For example, failing to prevent a child from engaging in prostitution is a punishable offence.33

Helping a child run away, including concealing a child who has run away from home or preventing a child from returning home, is a punishable offence.34

 

Rape, prostitution and other forms of abuse

Rape occurs when a male has sexual intercourse with a female under 16 years of age, regardless of consent.35

Rape of a female under 12 years of age carries 20 years to life imprisonment.36

If the female person is over 16 years of age, sexual intercourse without consent is considered rape.37

Sexual touching of a child is a criminal offence.38

Whoever subjects a child to sexual exploitation, such as prostitution or for the production of pornography, with or without the child’s consent, is a criminal offender.39

This also includes forced marriage or permitting a child to be subjected to forced marriage.40

Employing or permitting a child to work in places such as a brothels is a punishable offence, even if the child is not engaged in prostitution.41

 

Forced labour

Forced labour is prohibited with the exception of hard labour for persons over 18 years of age as part of a criminal sentence and in cases of state emergency.42

Victims of forced labour can lodge a complaint by contacting an International Labour Organization (ILO) Liaison Officer, to seek compensation without fear of prosecution, harassment, or other form of reprisal.

This mechanism will also receive complaints regarding the recruitment of persons under 18 years of age into the armed services, for which only persons 18 years of age and over are eligible.43

 

Trafficking

All forms of trafficking in persons are illegal, and there are significantly harsher penalties for the trafficking of persons under 18 years of age.44

Victims cannot be prosecuted for actions they were forced to commit as part of being trafficked under this law.45

Victims can report their case to the Anti-Trafficking Task Force established under the Anti-Trafficking in Persons Law (2005).

Trafficking victims may receive medical assistance, temporary shelter and support in filing a separate suit in criminal and civil court against the trafficker/s, among other social services.46

Provisions under this law protect women and under 18s by closing access to court proceedings and documents to persons not directly involved in the case. Official approval is required before publication of case details.47

Labour issues

Every child has the right to engage in work, rest, and leisure.48 Each child has the same labour rights as adults as well as many additional protections.

Age requirements and medical certificates
Under 14 Cannot be employed.49
14 and over Can choose to work in accordance with existing labour laws, provided that he or she is in good health and capable of fulfilling the necessary tasks concerned.50
14 or 15 Cannot work more than 4 hours a day.51
Cannot work between 6pm and 6am.52
16 or 17 May be employed as an adult in a factory only with a medical certificate of fitness.53

Otherwise, the same laws that protect children under 16 years of age apply to him or her.54
Under 18 Must possess medical certification of fitness to work in shops and establishments.55

In a factory, must carry an ID or certification of fitness while working.56

Never allowed to move heavy loads likely to cause injury nor work in hazardous conditions.57

No child shall be employed in the worst forms of labour,58  including prostitution, pornography, illegal drug production, and any form of forced labour, including forced labour for debt.59  See Abuse and Exploitation.

No one shall recruit children into the armed forces.60 Furthermore, no person under 18 years of age shall assume combat roles in hostilities.61

Any form of labour that can affect a child’s health, safety and morality is also prohibited,62 including activities such as selling alcohol63 or gambling.

See labour rights for more.

Criminal proceedings

Children and criminal responsibility

Your age at the time of the alleged offence affects your rights, safeguards and criminal responsibility:

Under 18 Considered a childWhere a person appears to be under 18 years of age, he or she enjoys the rights of a child until evidence can be produced that proves she or he has reached 18 years of age.64

A child has all the rights of an accused adult plus additional rights and safeguards, such as the right to be tried in a juvenile court or directed towards diversion.65
10 or 11 Cannot be found guilty of an offence if he or she has not developed enough maturity to understand the nature and consequences of his or her actions at the time of the offence.66
Under 10 Must not be charged with an offence.67
Arrests

The arresting officer must explain the reasons for arrest and the offence in a manner that is understandable to the child.68

A child should not be placed in handcuffs or similar restraints during arrest.69

Police officers must not threaten or maltreat a child during arrest.70

The child’s guardian or parent must be informed of the arrest immediately.71

The parents, guardians, relatives and lawyer of the child shall be allowed to meet with the child.72

Transport, detention, and bail

A child cannot be detained or transported together with an adult prisoner.73

Female children should be supervised by female prison staff.74

Children shall not be held in police custody or prison.75

Where possible children shall be released to their parent(s) or guardian(s).76

A child may also be placed, as a last resort, in a Temporary Care Station.77

A child is eligible for bail regardless of the offences charged.78

Court proceedings

If a child is not directed to a diversion process, then the child must be sent to the relevant diversion as soon as possible.79

The juvenile court proceedings shall be conducted in a separate court or building from adult proceedings.80

Juvenile proceedings must be heard promptly.81

Juvenile court hearings must prioritise the best interests of the child in fairly adjudicating the case.82

The court shall allow parents or other suitable persons to make applications and statements as part of the accused child’s defence on her or her behalf.83

Juvenile court proceedings are not open to the public. The court shall allow parents, guardians, relatives, and those concerned with the case proceedings, such as witnesses and court staff. The judge has discretion to allow other individuals to attend court proceedings.84

The court shall not allow information on juvenile cases to be reported in the media except in the best interest of the accused child.85

Child victims and witnesses also have special protections under the law, including the right to privacy.86

Sentencing and appeal

If a child is found guilty of a criminal offence, the judge shall make a ruling aimed at serving the best interests of the child and reforming his or her character.87

The judge must take special consideration of age, character of the youth, his or her physical and mental condition and other circumstances during sentencing.88

The maximum sentences vary according to age, but sentences cannot exceed 10 years for children.89

Even where the possible sentence for the offence is the death penalty or life imprisonment,

a child can only be sentenced to a maximum of 7 years of imprisonment.90

The juvenile court shall not impose a prison sentence normally.91

The goal of sentencing in juvenile court is to reform the child’s character, not to punish.92

Diversion

A child has the right to appeal juvenile court orders or decisions.93

Preference should be granted to diversion programmes rather than imprisonment.94

If the diversion process is not taken, then the child shall be sent to juvenile court without delay.95

Several factors may determine eligibility for the diversion process. These include the nature of the alleged offence, age, mental development and maturity, history of criminal convictions, and whether or not the child poses a safety threat to the community.96

Children in prison

Children must be kept separate from adults in prison, receive regular medical checkups, be granted regular access to visitors, and be provided with educational opportunities.97

Children shall not be subject to hard labour or detention camps while in prison.98

List of relevant laws

  • The Child Rights Law (2019)
  • Criminal Procedure Code
  • Constitution (2008)
  • Factories Act (1951) (amended 2016)
  • Law Amending the Penal Code (2016)
  • Narcotics and Psychotropic SubstancesLaw (1993)
  • Suppression of Prostitution Act(1949) (amended 1998)
  • Police Manual
  • Prisons Act
  • Public Military Service Law (2010)
  • Shops and Establishments Act (2016)
  • SpecialMarriage Act 1872 (amended 2017)
  • Anti-Trafficking in Persons Law (2005)