Sexual and reproductive rights: on the subject of the prohibition of adolescent marriage - a solution to the social problem or more violation?

Abstract

This article begins by describing a case presented in the country of Colombia on the recognition of a concubinary relationship, having as a particularity that one of its members was a minor (adolescent); fact that allows us to reflect on national regulations based on the prohibition of teenage marriage.

To this end, we warn that the right to free development of personality guarantees the action (and decision) of every individual in every space of their life private and social, especially their sexual freedom, arising sexual and reproductive rights, which extends to adolescents (14 to 18 years old); having antagonistic treatment in the criminal and civil spheres; due to the lack of understanding of our reality, which presents the phenomenon of teenage pregnancy (a complex problem) and with it, the formation of a family. 

In this way, the protection of this young group was given through marriage, as recorded in our substantive regulations of Civil Code of 1936 and 1984; but, with the passing of Law No. 31945, this has changed, prohibiting its celebration; Likewise, we warn that no protection can be given through a de facto union, since one of its requirements is not met (absence of marital impediment), generating that families made up of adolescents are not protected.