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Ending Sex Discrimination in the Law
EQUALITY NOW – BEIJING+25
In the United States though, for example, there is no federal
law on child marriage and the minimum age of marriage is
left to each of the 50 states to decide, 48 of which have ages
below 18. Hence, we have included in this report the sex
discriminatory law from the state of Mississippi, one of several
U.S. states which allows girls to be married off at a younger age
than boys.
Relatedly, consistent with the recommendations and
general comments of the UN Committee on the Rights
of the Child, Equality Now does not promote a specific
minimum age of consent to sex. Rather, States should
not criminalize adolescents of similar ages for factually
consensual, non-coercive and non-exploitative sexual
activity. We must continue to work hard to ensure that
no child, anywhere, becomes a bride or groom under
legal contract, including under customary or religious
law or social contract, no matter what the age of consent
to sex may be.
Below are examples of laws which must be amended or
repealed.
CUBA
Family Code:
Article 3. Men and women have authority to make their marriage
official when they are over 18 years old. Therefore, those that
are younger than 18 years old do not have authority to make
their marriage official. Notwithstanding what was just stated,
exceptionally there are justified reasons so that those under 18 years
old have authority to make their marriage official, as long as the
female is at least 14 years old and the male 16 years old.
Take action – Cuba
President Miguel Diaz Canel
Hidalgo Esq. 6
Plaza de La Revolución, CP 10400
Email: despacho@presidencia.gob.cu
cuba_onu@cubanmission.com (Mission
to the UN in New York)
Twitter: @DiazCanelB
Note: Cuba’s new Constitution came into force in 2019. The Cuban government is
reportedly in the process of amending the Family Code to ensure that it complies
with the provisions of the new Constitution.
Article 42 of the Constitution of the Republic of Cuba, 2019: All people are equal before
the law, receive the same protection and treatment from the authorities, and enjoy the same
rights, liberties, and opportunities, without any discrimination for reasons of sex, gender,
sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability,
national or territorial origin, or any other personal condition or circumstance that implies a
distinction injurious to human dignity.
Article 43: Women and men have equal rights and responsibilities in the economic,
political, cultural, occupational, social, and familial domains, as well as in any other domain.