Bibliographic citations
Boza, P., Mendoza, J. (2023). Matrimonio precoz en el Perú y su contravención a derechos de menores garantizados en instrumentos internacionales sobre Derechos Humanos [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6387
Boza, P., Mendoza, J. Matrimonio precoz en el Perú y su contravención a derechos de menores garantizados en instrumentos internacionales sobre Derechos Humanos []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/6387
@misc{renati/959757,
title = "Matrimonio precoz en el Perú y su contravención a derechos de menores garantizados en instrumentos internacionales sobre Derechos Humanos",
author = "Mendoza Chumbes, Jean Marco",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
The objective of this research was to analyze early marriage in Peru and its contravention of the rights of minors guaranteed in international human rights instruments. Within the theoretical framework, we analyzed theories on the family, marriage, the best interests of children and adolescents, and the human rights of minors. The research was of a qualitative approach applied to law and of an analytical dogmatic type, the discussion of the results was carried out through legal argumentation based on theoretical and factual data. The hypotheses were validated and the main conclusion was: Early marriage in Peru contravenes the rights of minors guaranteed in international instruments on human rights, since it deprives minors of an important stage in their lives, likewise their physical and psychological wellbeing is put at risk since they assume obligations for which they are not yet prepared due to their level of maturity, a situation that in the short or medium term can generate disintegration and family violence, most of which deeply affects adolescent women. Likewise, the fundamental recommendation is addressed to the Congress of the Republic, to analyze a modification, or failing that, repeal of Legislative Decree No. 1384, published in the official newspaper El Peruano of Tuesday, September 4, 2018, which in turn, modified the content of Legislative Decree N. 1377, by which the capacity of exercise was extended to parents who are 14 years old, which apparently would provide greater capacity to the adolescent minor, but surreptitiously full of dangers and impairments, as far as the rights of the adolescent minor are concerned, and especially that as developed, teenage marriage is an institution clearly violating the rights and interests of minors, in order to provide adequate protection to children and adolescents, leaving aside the traditional structures of gender and archaic cultural contexts that only contravene the rights of minors.
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