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Marriages Of Minors Under 15
Banned
The
deputies of the Legislative
Assembly passed in first reading
last night a law that would
prohibit those less than 15
years of age from marrying.
The law would reform the Código
de Familia (Family Code) once it
passes second reading which is
expected within the coming week.
The vote was unanimous by the 51
legislative deputies present
during yesterday's session.
The reform would make it
impossible for a notary public
to register a marriage with the
Registro Civil (Civil Registry)
when one or both of the parties
is under the age of 15.
The law reform will also impede
the parental consent provisions
of the Family Code, that would
stipulate that "a person under
the age of 15 is absolutely
incapabale of personally being
obligated for acts or contracts,
unless specifically determined
by law".
According to legislative deputy
and former ombudsman, José
Manuel Echandi, many of the
marriages that involve a minor
under the age of 15 are done so
to hide sexual abuses.
Under the existing law, parents
of minors must give consent to
any marriage. Echandi added that
many parents of minors give
consent to a marriage to avoid
the shame of sexual abuse
sufferd by the minor. The new
law would eradicate this social
problem, the legislator said.
For her part, Partido Acción
Cuidadana (PAC) deputy, Andrea
Morales, and president of the
Comisión de la Juventud y la
Niñez, assures that the
initiative comes from the point
of impeding sexual abuse of
children. "The possibility of
underhanded sexual exploitation
of those under the age of 15 is
being eliminated with the
obstacle of being able to
register the marriage", said
Morales.
Though no details were released,
the reformed law would heavily
sanction notaries public and
lawyers who participate in
marriages where a minor under
the age of 15 is involved.
In the United States, the states
of New York, New Mexico, Misouri,
Minnesota, Michigan and Hawaii
for example, allow the marriage
of those under the age of 15 as
long as they have written
consent of a parent or guardian
and the consent of a court
judge.
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