Resumo

NARES HERNANDEZ, José Julio; COLIN GARCIA, Ricardo  e  GARCIA SUAREZ, Rod. Human Rights of Children and Prohibition of Child Marriage in International Treaties. Tla-melaua [online]. 2015, vol.9, n.38, pp.140-160. ISSN 2594-0716.

In Mexico, girls from the age of 14 years old and boys from the age of 16 years old can get married with the authorization of their legal guardian. When they become emancipated, they acquire the obligations of an adult person and they lose their human rights as children, which at that age heightens their vulnerable state. To avoid this problem, the most progressive international treaties on the subject have recommended to Member States to legislate to prohibit child marriage establishing 18 as the minimum age for marriage. The objective of this article is to analyze, on the basis of constitutional principles representing the minor's best interests, in relation to the principles of progressiveness, with an interpretation in accordance with pro person principles and the State's obligation to comply with those treaties to ensure a more effective protection of the human rights of children.

Palavras-chave : Children human rights; child marriage; international treaties; interpretation principles.