Can tattoo parlors tattoo minors?The answer is no. In reality, there are always children who go to tattoos in order to pursue individuality, and some tattoo shops do not talk about "martial arts", and those who come do not refuse. As everyone knows, these tattoos are not only difficult to clean, but will harm the physical and mental health of minors, and will also have an impact on studying, joining the army, and employment.
The child's tattoo did not expect to affect the school
This year, the Huairou Procuratorate handled a case of theft of a car door, and the two defendants involved were minors, one was 16 years old and the other was 17 years old. They walked the streets and alleys near the commercial street in Huairou District for two nights, randomly pulled the door of the private car parked in the community, and entered the car to rummage for cash when the door was unlocked, stealing a total of more than 1,000 yuan, and also piggybacking on a few cigarettes.
After the incident, the parents made restitution to the victim. Although the amount of theft was not high, it constituted "multiple thefts", and the two were released on bail pending trial on suspicion of committing a crime. Due to the minority of the circumstances, the Huairou Procuratorate made a conditional decision not to prosecute 17-year-old Xiaohao (pseudonym) after a comprehensive judgment. 16-year-old Xiao Feng (pseudonym) was sentenced to 6 months of detention, suspended for 6 months, and fined for picking quarrels and provoking troubles and stealing while he was on bail and fighting in a group fight at school while on bail.
During the review and prosecution phase of the case, prosecutor Meng Xiaofang noticed the tattoos on the two juvenile defendants when she came into contact with them. Xiaofeng, a student at a vocational school, has his girlfriend's name tattooed on his right wrist and Chanel's logo on one finger — for a while, various logo tattoos were very popular among young people.
Xiao Hao's body is even more exaggerated, one of his arms and legs is covered with tattoos, bells and whistles, very eye-catching. Meng Xiaofang learned through home visits that because of this tattoo, Xiaohao's school was also affected: his parents found him a vocational school and wanted him to continue his education. But when he entered the military training last year, although Xiao Hao covered the tattoo on his arm with an ice sleeve, he was still discovered by the teacher, and then he was asked by the school to wash the tattoo before he could go back to class.
However, it is not easy to clean such a large area of tattoos. Xiao Hao went to the tattoo shop to clean it two or three times, but the effect was very small, only the color was a little lighter. And every time I wash my tattoo, the hot pain is like "being tortured". Xiao Hao couldn't persevere, so he gradually gave up, and he didn't go back to school until now.
It is forbidden to tattoo minors, and parental consent is not allowed
This summer, a 15-year-old high school student in Changsha, Hunan Province, was in the news because of his tattoo. Because he felt that the tattoo was domineering, he and his friends ran to the tattoo shop to get a crane tattooed, which was so big from his arm to his chest. But what he didn't expect was that the consequences of tattooing were unbearable for him, let alone going to school, and no one even wanted a summer job.
Parents complained everywhere, thinking that the child could see at a glance that he was not old, and angrily scolded the tattoo shop for not talking about "martial arts", not only asking for a refund, washing off the tattoo, but also asking for compensation. Later, after mediation, the parents agreed that the tattoo shop would wash off the child's tattoo first, at least so that the child could go back to school. After the incident was ***, it also sparked heated discussions on the Internet.
In her work as a juvenile criminal prosecutor, Meng Xiaofang has come into contact with many children with tattoos. "Minors are not yet physically and mentally mature, and their social experience is insufficient, so they are not yet able to recognize the damage and impact of tattoos. Many children simply think that tattoos are cool and personal, and even think that it is a fashion trend. Meng Xiaofang said, but they don't know that tattoos and tattoo washing have certain harm to minors whose immune systems have not yet matured, and are easy to cause problems such as infection and scars. At the same time, minors with tattoos are easily labeled, which will also have a negative impact on their education, joining the military, employment and personal development.
In fact, tattoo parlors are not allowed to provide tattoo services to minors. In June last year, the Office of the Leading Group for the Protection of Minors issued the "Measures for the Management of Tattoos for Minors", which clearly statedEnterprises, organizations, and individuals must not provide tattoo services to minors, and must not coerce, entice, or instigate minors to get tattoos;Tattoo service providers shall indicate in a conspicuous position that they do not provide tattoo services to minors;Where it is difficult to determine whether they are minors, they shall be required to present their identification documents, etc.
After the issuance of the Measures, the Department of Child Welfare of the Ministry of Civil Affairs further clarified when replying to the comments and questions of netizens:Minors are persons who lack or have limited capacity for civil conduct, and tattoos are clearly beyond the scope of the minor's understanding and rational judgment, and should be given special protection and priority protection. Article 17 of the Protection of Minors** stipulates that parents or other guardians shall not engage in acts that infringe on the physical and mental health of minors. Even with parental consent, tattoo services are still not allowed, and tattoo shops run by parents themselves are not allowed to tattoo their children.
Investigation and visit: There are still "unruly" tattoo shops
Although there are clear regulations, some tattoo shops do not follow the rules. After noticing the seriousness of the problem of tattoos for minors, in August this year, Meng Xiaofang and her assistant Li Qiaoshuang conducted an unannounced investigation of eight tattoo shops in Huairou District. It was found that only one of the eight tattoo shops was relatively standardized, and the shop posted a clear sign on the wall directly opposite the entrance that said "no tattoo services for minors". When asked if it is possible to tattoo students, the boss's answer was also very simple: "Isn't this harmful, people still have to go to school!".”
At another tattoo shop, they saw an adult who had just washed his tattoo and his arm was covered with blood, and the tattoo artist actually took out an "old popsicle" with packaging to ice the customer. "We found that many tattoo shops do not provide services to minors with signs that do not implement well, and the hygiene conditions of some tattoo shops are not optimistic. Meng Xiaofang said.
During the investigation, they also learned that although these tattoo shops can operate tattoo business, they have not obtained the qualification to wash tattoos, "unlike tattoo services, tattooing is not a one-time success, according to the industry management measures belong to the category of medical beauty, to carry out tattoo services institutions must obtain the "Medical Institution Practice License", practitioners must also have physician qualifications. Meng Xiaofang told reporters that almost all tattoo shops have no qualifications to wash tattoos, but many have equipment for washing tattoos and illegally provide tattoo washing services to customers.
The reporter recently randomly visited a number of tattoo studios in the urban area. During the online consultation, when the reporter asked whether he needed to carry an ID card to get a tattoo in the store, he was almost told "no". In turn, some stores will ask if they are over 18 years old, and tell them that they do not provide services to minors and that tattoos are not recommended for those under 18 years old. However, some stores said that minors can get tattoos if they have parents who have consented to them, but they obviously don't know about "parental consent can't get tattoos". Among the four offline stores visited by the reporter, two stores could see the sign "no tattoos for minors", two did not have obvious signs, and two stores also provided tattoo washing services.
On social platforms, there are also a lot of topics about "underage tattoos". Some netizens shared their tattoos when they were minors, saying that they "regretted it", "the more they watched it as an adult, the more they disliked it", and condemned the tattoo shop for "can you not write when you see that you are a minor!".Some people also posted the hypertrophic scars left by the hyperplasia caused by washing tattoos, and advised teenagers to "never get tattoos".
You have to be responsible for tattooing your child, and you can't wash your tattoo without qualifications
In August this year, the Huairou Procuratorate performed its public interest litigation procuratorial functions and sent procuratorial suggestions to the District Market Supervision Bureau and the District Health Commission, requesting that tattoo shops and practitioners in Huairou District be strengthened in supervision and inspection and legal education, so that relevant market entities can take the initiative to assume the social responsibility of "not providing tattoo services to minors", and deal with market entities that are not qualified to carry out tattoo removal services in accordance with the law. The Huairou District Market Supervision Bureau and the District Health Commission responded quickly, carried out special actions, investigated relevant places, established business entity accounts, and ordered operators who found problems to rectify.
The Huairou Procuratorate, together with the supervision department, recently paid a return visit to the tattoo shops in the jurisdiction - the tattoo shops that have been required to rectify have posted signs that do not tattoo minors, and the equipment for washing tattoos has also been put away. Law enforcement officials emphasized at the scene that regardless of whether the child or the parents agree, it is illegal to provide tattoo services to minors, and they may face administrative penalties and even bear civil tort liability. In addition, whether it is an adult or a minor, they are not qualified to provide tattoo cleaning services, and may also be involved in the crime of illegal medical practice.
The Huairou Procuratorate, together with the District Market Supervision Bureau and the District Health Commission, recently conducted a return visit to the tattoo shop in the jurisdiction to inspect the issue of civil liability, and the reporter noticed that the Anhui Wuwei Municipal People's Court has just concluded a case involving a minor tattoo. 15-year-old Wang pretended to be cool out of curiosity and spent 300 yuan on a tattoo without telling his parents. After the parents found out, they complained to the local market supervision department, and sued the tattoo shop after the mediation failed.
The court held that Wang was a person with limited capacity for civil conduct, and the service contract between him and the tattoo shop was not recognized by the guardian and did not have legal effect. At the same time, the court held that before providing services, the tattoo shop did not take the initiative to ask Wang whether he was an adult, nor did it provide evidence to prove that the store posted a conspicuous sign saying "prohibiting minors from tattooing" when providing tattoo services, and that there was gross fault in the act, and that Wang should bear 70% of the main responsibility for the lossParents who fail to fulfill their obligation to educate and guide shall bear 30% of the responsibility. In the end, the court ruled that the tattoo shop should refund 300 yuan of tattoo fees and compensate Wang for various losses of 5,886 yuan.
Families, schools, society, and the judiciary should form a joint force for protection
Tattoos are related to the healthy growth of minors, and are by no means a private matter, nor are they trivial, and prevention work should be done at the source. The prosecutor reminded that parents, as the first responsible persons for the protection of minors, should pay attention to the curiosity of their adolescent children and give their children "preventive shots" in advance;Schools shall also comprehensively publicize the harmfulness of tattoos, and carry out relevant legal education activities in a targeted manner;Tattoo service providers must not provide tattoo services to minors, and where it is difficult to determine whether they are minors, they shall actively verify identity information;Regulatory departments should also strengthen supervision and punishment, and do a good job of popularizing the law for business entities, clarifying the legal responsibility for tattooing minors. Families, schools, society, and the judiciary are to form a multi-party joint force for protection, truly weaving a dense network for the protection of minors.
**: Beijing**client reporter Zhang Lei