Senators approved prison for adults who force minors to marry or cohabit

The Senate of the Republic has unanimously approved a series of reforms to the Federal Penal Code in order to protect girls, boys and adolescents who are forced to marry or cohabit with someone. The penalty established consists of 8 to 22 years in prison for those who violate the freedom of minors.

The second legislative study commission and the justice commission of the Senate presented the opinion on forced marriage of minors. “The purpose of this legislative project is to reform and add various provisions to the Federal Penal Code since there are cases that are not provided for in the current regulatory framework,” said Olga Sánchez Cordero.

According to the senator, there is a legal vacuum concerning minors who are coerced or manipulated into adopting a lifestyle identical to a marriage without formally contracting the legal bond.

“The proposal raises a new penal type what is the cor forced habitation of minors under the age of 18 or people who do not have the capacity to understand the meaning of the fact,” warned Rafael Espino, president of the Second Commission for Legislative Studies.

Thus, it is intended to punish “anyone who coerces, compels, induces, requests, manages or offers one or more of these persons to associate informally or habitually with a person of the same condition or with a person over the age of of 18 years with the in order to live together constantly and comparable to a marriage, ”said the morenista.

The sentence that was approved was 8 to 22 years in prison, as well as a fine of one to two thousand working days. “This penalty would be increased, it would be increased by half if the person belongs to a municipality or a municipality indigenous or Afro-Mexican“, detailed the senator.

The opinion was approved unanimously in plenary by 81 votes in favour. “With this new criminal offence, the goal is to strengthen the protection of the normal psychosexual development of girls, boys and adolescents,” Espino said.

For her part, the former Secretary of State for the Interior, Sánchez Cordero, declared that “forcing or manipulating girls and adolescents to have a romantic relationship or to marry exposes them to social isolation, domestic violence, he dropoutfew job opportunities and teenage pregnancy”.

During the explanatory memorandum, it was mentioned that because girls and adolescents have different physical, cognitive, social and emotional capacities than adults, they may be susceptible to manipulation and influence by their emotions. to engage in behavior contrary to their will.

Por su lado, Rafael Espino, señaló que —de acuerdo con datos Fondo de las Naciones Unidas para Infancias de América Latina— una de cada cuatro mujeres de entre 20 y 24 años contrajo matrimonio por primera vez y mantenía una union temprana antes de cumplir los 18 years.

“Our legislation does not contemplate cases in which the minor is forced or manipulated into adopting a lifestyle equal to that of a married couple,” he said.

Senator Geovanna Bañuelos of the Labor Party, noted that, according to INEGI, more than 230 thousand girls between the ages of 12 and 17 at the national level were married or in union in 2020; i.e. nearly 4% of this population, whereas in entities such as Chiapas, Guerrero, Michoacán and Tabasco marriage of underage women is more common. In addition, the legislator pointed out that there is an under-reporting of cases, since unions are often not formalized before the State.

In this sense, Josefina Vázquez Mota — from the National Action Party — has positioned herself in favor of the bill. “It is time to break the silence and end impunity. In all these types of crimes, the power of the adult prevails over any will or even the conscience of a child or a minor”, ​​he underlined.

The notice was forwarded to the Federal Executive for publication in the Official Gazette of the Federation (DOF).