Abstract

GONZALEZ ALCANTARA, Juan Luis. Child marriage and age dispensation. Cuest. Const. [online]. 2020, n.43, pp.465-479.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15191.

Concurring opinion by Justice Juan Luis González Alcántara in the Unconstitutional Action 22/2016, decided by the full court of the Supreme Court of Justice of the Nation on March 26th, 2019. The constitutional issue related to the derogation of the age dispensation for minors to marry for serious and justified causes. The majority opinion considered that the challenged reform was constitutional. The concurring opinion departs from the argumentations regarding to the distribution of competences for the establishment of the “minimum age” to marry, the understanding of the derogation of the dispensation as a “restriction”, as well as the derogation of the institution of emancipation in the state law.

Keywords : child marriage; age dispensation; allocation of powers; constitutional restrictions; emancipation of minors.

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