Are tattoos legal in India
Protection of minors: when are tattoos and piercings allowed?
Piercing and tattooing are legally regarded as willful bodily harm that only goes unpunished because the person concerned consents to the intervention. When is it allowed to adolescents to have their bodies "beautified" with a tattoo or piercing? The Youth Protection Act in Germany does not provide any rules for this.
There is currently no statutory age limit for tattoos and piercings in Germany. This is because it is not possible to say exactly from what age a young person can assess the consequences of "willful bodily harm" - namely that, for example, widened ear holes will not grow closed again or that a tattoo can only be removed with great effort and at your own expense can. The ability to assess these risks and long-term consequences depends on the age and individual maturity of the young person.
The widespread practice of tattooing young people from a certain age when they present a declaration of consent from their parents or are accompanied by them also has no secure legal basis. "What is relevant is not the age, but the mental maturity of the young person himself. If he has the necessary intellectual maturity, he can declare his consent. But the tattoo artist cannot check that," explains lawyer Urban Slamal from the Bundesverband Tattoo eV, who focuses on specializes in the legal aspects of tattooing.
Whether the parents can consent to their child being tattooed has not been conclusively clarified from a legal point of view. A declaration of consent from the parents only protects the tattoo artist from later trouble with them.
That's what the professional associations say
The professional associations have imposed different regulations on themselves. The German Society for Piercing (DGP) speaks out against interventions in young people under 14 years of age. "We fundamentally reject that," says DGP chairwoman Martina Lehnhoff. In the case of older adolescents, the consent of both parents is required. They would also have to be present at the preliminary talk, where they would be informed about the risks, care and aftercare.
The Federal Association of Jewelers, Jewelery and Watch Shops (BVJ), on the other hand, sees no need for an age limit. "We cannot relieve the legal guardians of their responsibility," says BVJ managing director Joachim Dünkelmann. The association's recommendation is to require the consent and presence of a parent or legal guardian for children under 16 years of age. In the opinion of the BVJ, a written declaration of consent is sufficient for young people aged 16 and over.
"I advise against tattooing minors. That way you are on the safe side," says lawyer Slamal. The Association of German Organized Tattooists (DOT) also rejects tattoos for young people under the age of 18.
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Educate young people about the possible risks of tattoos and piercings
Before piercing or tattooing, customers must be informed about the appropriate follow-up treatment and possible risks such as allergies, inflammation and scarring.
By the way, piercing as bodily harm is liable for damages if the studio works unclean and amateurish and there are consequential problems such as inflammation or scars. Young people should be very careful when choosing a studio and inform themselves about the hygienic regulations.
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