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Argentina

Taux de mariages d'enfants
UNICEF 2017 % mariées avant l’âge de 15 ans
n/a
UNICEF 2017 % mariées avant l’âge de 18 ans
n/a

* Références

Fait référence au pourcentage de femmes âgées de 20 à 24 ans qui ont été mariées ou en concubinage avant le l’âge de 15 ou 18 ans.

Taux de mariages d'enfants
UNICEF 2017 % mariées avant l’âge de 15 ans
n/a
UNICEF 2017 % mariées avant l’âge de 18 ans
n/a

* Références

Fait référence au pourcentage de femmes âgées de 20 à 24 ans qui ont été mariées ou en concubinage avant le l’âge de 15 ou 18 ans.

What's the child marriage rate? How big of an issue is child marriage?

There is no publicly available government data on Child, Early, and Forced Marriage and Unions (CEFMU) in Argentina.

According to a 2016 study by Fundación para Estudio e Investigación de la Mujer (FEIM), more than 340,000 adolescents aged between 14 and 19 years are either married or in union in Argentina. The number of adolescents in such marriages or unions has been rising since the 1990s.

Are there country-specific drivers of child marriage in this country?

Child, Early, and Forced Marriage and Unions (CEFMU) are driven by gender inequality and the belief that women and girls are somehow inferior to men and boys.

There is very limited information on CEFMU in Argentina, but available studies suggest that it is driven by:

  • Adolescent pregnancy: About 14% of births that occur in Argentina are to adolescents aged between 10 and 19 years old. The majority of them are not planned, but rather the result of sexual violence or due to unmet sexual and reproductive health needs of adolescents. While many of the adolescent mothers we already cohabitating with the father, a pregnancy can prompt an early union or marriage.

Gender norms and power dynamics: A 2016 study by FEIM noted that the majority of girls were married or in a union with men who were between 15 and 20 older than them. It was also reported that girls and teenage mothers typically have low self-esteem and lack the necessary resources to oppose physical, sexual or psychological violence. These elements put girls at particularly vulnerable position before and in the union or marriage.

What has this country committed to?

Argentina has committed to eliminate child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals. The government did not provide an update on progress towards this target during its Voluntary National Review at the 2017 High Level Political Forum.

Argentina co-sponsored the following Human Rights Council resolutions: the 2013 procedural resolution on child, early and forced marriage, the 2015 resolution on child, early and forced marriage, the 2017 resolution on recognising the need to address child, early and forced marriage in humanitarian contexts, and the 2019 resolution on the consequences of child marriage. In 2014, Argentina also signed a joint statement at the Human Rights Council calling for a resolution on child marriage.

Argentina co-sponsored the 2013, 2014, 2016 and 2018 UN General Assembly resolutions on child, early and forced marriage.

Argentina ratified the Convention on the Rights of the Child in 1990, which sets a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1985, which obligates states to ensure free and full consent to marriage.

In 2016 the CEDAW Committee recommended that Argentina collect data on child marriage and define clear criteria for assessing applications for the judicial authorisation of such marriages.

Argentina, as a member of the Organization of American States (OAS), is bound to the Inter American System of Human Rights, which recognises the right of men and women of marriageable age to marry and calls to governments to strengthen the respond to address gender-based violence and discrimination, including early, forced and child marriage and unions from a perspective that respected evolving capacities and progressive autonomy.

Argentina ratified the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (known as the Belém do Pará Convention) in 1996. In 2016, the Follow-up Mechanism to the Belém do Pará Convention (MESECVI) recommended State Parties to review and reform laws and practices to increase the minimum age for marriage to 18 years for women and men.

Argentina, as a member of the UN Economic Commission for Latin America and the Caribbean (ECLAC), adopted the Montevideo Consensus on Population and Development in 2013, which recognises the need to address the high levels of adolescent pregnancy in the region as usually associated with the forced marriage of girls. In 2016, the Montevideo Strategy for Implementation of the Regional Gender Agenda was also approved by the ECLAC countries. This Agenda encompasses commitments made by the governments on women’s rights and autonomy, and gender equality, during the last 40 years in the Regional Conferences of Women in Latin America and the Caribbean. The Agenda reaffirms the right to a life free of all forms of violence, including forced marriage and cohabitation for girls and adolescents.

Argentina is one of the countries where the Spotlight Initiative (a global, multi-year partnership between the European Union and the United Nations) is supporting efforts to end all forms of sexual and gender-based violence and harmful practices against women and girls.

What is the government doing to address this at the national level?

Argentina has taken steps in recent years to address adolescent pregnancy with the Plan Nacional de Prevención del Embarazo No Intencional en la Adolescencia and provide comprehensive sexual education to adolescents through the Programa Nacional de Educación Sexual Integral (ESI). However these policies do not explicitly address child marriage and early unions as policy objectives.

What is the minimum legal framework around marriage?

The minimum age for marriage in Argentina is 18 for girls and boys.

However, under the New Civil Code and Commerce of the Nation 2015, parties aged between 16-18 can be married with the permission of their legal representatives, and parties under 16 years can be married with judicial dispensation.

Source

Buenos Aires Times, Adolescent birth rate in Argentina has not dropped for 20 years, [website], 2019, https://www.batimes.com.ar/news/argentina/adolescent-birth-rate-in-argentina-has-not-dropped-for-20-years.phtml (accessed March 2020).

Comisión Interamericana de Derechos Humanos (CIDH), La Infancia y Sus Derechos en el Sistema Interamericano de Protección de Derechos Humanos (Segunda Edición), OEA/Ser.L/V/II.133, 2008, https://cidh.oas.org/countryrep/Infancia2sp/Infancia2indice.sp.htm (accessed March 2020). 

Economic Commission for Latin America and the Caribbean (ECLAC),Montevideo consensus on population and development, Regional Conference on Population and Development in Latin America and the Caribbean, 2013, https://repositorio.cepal.org/bitstream/handle/11362/21860/4/S20131039_en.pdf (accessed March 2020).

Economic Commission for Latin America and the Caribbean (ECLAC), Montevideo Strategy for Implementation of the Regional Gender Agenda within the Sustainable Development Framework by 2030, Regional Conference On Women in Latin America and the Caribbean, 2016, https://repositorio.cepal.org/bitstream/handle/11362/41013/S1700033_en.pdf?sequence=1&isAllowed=y (accessed March 2020).

FEIM, Situación del matrimonio o convivencia infantil en Argentina, 2016, http://feim.org.ar/wp-content/uploads/2016/11/Color_de_Rosa_final.pdf (accessed March 2020).

Follow-up Mechanism to the Belém do Pará Convention (MESECVI), Hemispheric report on sexual violence and child pregnancy in the States Party to the Belém do Pará Convention, 2016, https://www.oas.org/es/mesecvi/docs/MESECVI-EmbarazoInfantil-EN.pdf (accessed March 2020).

Gobierno de Argentina, Plan Nacional de Prevención del Embarazo No Intencional en la Adolescencia, [website], https://www.argentina.gob.ar/planenia (accessed March 2020).

Gobierno de Argentina, Programa Nacional de Educación Sexual Integral (ESI), [website], https://www.argentina.gob.ar/educacion/esi (accessed March 2020).

Organization of American States (OAS), Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (« Convention of Belem do Pará »), 9 June 1994, https://www.oas.org/es/mesecvi/convencion.asp (accessed March 2020).

Spotlight Initiative, Argentina, [website], https://spotlightinitiative.org/argentina (accessed February 2020).

UN CEDAW, Concluding observations on the seventh periodic report of Argentina, 2016, p. 17, https://www.refworld.org/docid/583862e94.html (accessed March 2020).

United Nations, Sustainable Development Knowledge Platform, [website], 2017, https://sustainabledevelopment.un.org/sdg5 (accessed March 2020).

Fait référence au pourcentage de femmes âgées de 20 à 24 ans qui ont été mariées ou en concubinage avant le l’âge de 15 ou 18 ans.