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Andorra
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Criminal Code at article 134 which criminalises slavery with a penalty of up to 12 years.
Practices similar to slavery
There appears to be no legislation in place in Andorra which prohibits institutions and practices similar to slavery.
Servitude
Provisions related to servitude are found in the Criminal Code at article 134 which criminalises servitude with a penalty of up to 12 years.
Forced or compulsory labour
There appears to be no legislation in place prohibiting forced labour, although the Criminal Code prohibits dangerous and degrading work at article 249 and unfair labour conditions at article 250.
Human trafficking
Provisions related to trafficking in persons are found in the Legislative Decree of 2015 amending the Criminal Code, which prohibits trafficking for organ removal (article 121 bis), for slavery or servitude (article 134 bis), and for sexual exploitation (article 157 bis).
Forced marriage
Provisions related to forced marriage in Andorra are found in the 1995 Qualified Marriage Act, which addresses the lack of valid consent to marriage if a person is deceived by fraud regarding a quality of the other party, or if they have been subjected to violence or serious fear at Articles 13 and 30.
Consent to marriage
Provisions requiring consent to marriage in Andorra are found in the Qualified Marriage Act 1995, article 26, 29 and 30. Article 26 of which states that there is no valid civil marriage without marital consent. Article 29 states that you cannot give valid consent to who contracts civil marriage deceived by fraud, caused to obtain their consent. on the quality of the other pulling, which by its nature can seriously disrupt marital life. Article 29 further recognizes that the consent of a party or prospective party to a marriage is invalidated where the person is deceived by fraud, caused to obtain their consent. Article 30 states that he cannot give matrimonial consent monial valid the one who contracts marriage civil for violence or serious fear arising of an external cause, although not intentionally provoked by berar-se’n.
Servile marriage
There appears to be no legislation in Andorra that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Andorra that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Andorra is 16, without differentiation by gender, as set out on Article 18 of the 1995 Qualified Marriage Act. Where marriages are conducted involving a person below the minimum age, the celebrated marriage is null, as set out on Article 36 of the 1995 Qualified Marriage Act. However, marriages below this age are permitted with fair cause and at the request of a party, after hearing the opinion of the Ministeri Fiscal, as set out on Article 20 of the 1995 Qualified Marriage Act. These exceptions are not differentiated by gender, and allow marriages as early as 14.
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
- Minimum Age for Marriage
Regional Organisations
- European Court of Human Rights
- Organisation for Security and Cooperation in Europe
- Council of Europe
Legislative Provisions
CONSTITUTION OF ANDORRA
Article 1
- The Constitution proclaims that the action of the Andorran State is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person.
Article 4
The Constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice.
Article 5
The Universal Declaration of Human Rights is binding in Andorra.
Article 9
- All persons have the right to liberty and security and shall only be deprived of them on such grounds and in accordance with such procedures as are established in the Constitution and the laws.
Article 19
Workers and employers have the right to defend their own economic and social interests. A Law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community.
Article 29
All persons have the right to work, to their promotion through work, and to just income which shall guarantee a living befitting human dignity for themselves and their families, as well as to the reasonable limitation of the working day, weekly rest and paid vacation.
LEGISLATIVE DECREE OF 29-4-2015 PUBLICATION OF THE REVISED LAW 9/2005 OF 21 FEBRUARY, DESCRIBED THE CRIMINAL CODE
Article 121 bis Trafficking in human beings for organ removal order
1. Whoever, for purposes of removal of organs, recruits, transports, transfers, host or hosts one or more persons, shall be punished with imprisonment from two to six years, subject, where applicable, penalties that apply to other offenses committed, at least when using one of the following:
a) recourse to violence or other forms of intimidation or coercion, or the threat to do so.
b) That there is fraud, deception, abuse of authority or a situation of vulnerability.
c) intend or accept payments or benefits to obtain the consent of a person exercising authority in fact or in law, of another person.
The attempt is punishable.
2. When not used any of the means mentioned in the preceding paragraph, is considered human trafficking with the purpose of organ removal action committee that describes, if carried out on a minor, without prejudice, where appropriate, of the penalties that apply to other offenses committed.
The attempt is punishable.
3. In the cases provided for in paragraph 2 and paragraph 1 if the victim is particularly vulnerable according to their status or physical or mental disability, the penalty should be imposed in the upper half.
4. In all cases, constitutes an aggravating circumstance in criminal liability for having endangered the life of the victim.
Article 134 bis – Trafficking in human beings for the purposes of slavery or servitude
1. Whoever, for purposes of slavery or servitude, recruits, transports, transfers, host or hosts one or more persons, shall be punished with imprisonment from two to six years, subject, in the case of penalties that apply to other offenses committed, at least when using one of the following:
a) recourse to violence or other forms of intimidation or coercion, or the threat to do so.
b) That there is fraud, deception, abuse of authority or a situation of vulnerability.
c) intend or accept payments or benefits to obtain the consent of a person exercising authority in fact or in law, on the other.
The attempt is punishable.
3.In the cases provided for in paragraph 2 and paragraph 1 if the victim is particularly vulnerable according to their status or physical or mental disability, the penalty should be imposed in the upper half.
4.In all cases, constitutes an aggravating circumstance in criminal liability for having endangered the life of the victim.
Article 157 bis – Trafficking in human beings for the purposes of sexual exploitation
1. Whoever, for the purpose of prostitution of others or other crimes against sexual freedom, recruits, transports, transfers, host or hosts one or more persons, shall be punished with imprisonment from two to six years without prejudice, where appropriate, of the penalties that apply to other offenses committed, when using at least one of the following:
a) recourse to violence or other forms of intimidation or coercion, or the threat to do so.
b) That there is fraud, deception, abuse of authority or a situation of vulnerability.
c) intend or accept payments or benefits to obtain the consent of a person exercising authority in fact or in law, on the other.
The attempt is punishable.
2.When not used any of the means mentioned in the preceding paragraph, is considered trafficking in human beings for the purposes of sexual exploitation commission describes the action, if performed on a minor of age, without prejudice, where appropriate, of the penalties that apply to other offenses committed.
The attempt is punishable.
3.In the cases provided for in paragraph 2 and paragraph 1 if the victim is particularly vulnerable according to their status or physical or mental disability, the penalty should be imposed in the upper half.
4. In all cases, constitutes an aggravating circumstance in criminal liability for having endangered the life of the victim.
CRIMINAL CODE OF ANDORRA 2005
Article 134 Slavery
A person who subjects a person to slavery or servitude must be punished with a term of imprisonment of four to twelve years.
Slavery is the situation of the person over whom another person even, in fact, exercises all or some of the attributes of the right of ownership, such as buying, selling, lending or giving in exchange.
Article 249 Degrading or dangerous working conditions
Those who impose working conditions that are incompatible with human dignity or are dangerous to health with abuse of vulnerability or necessity must be punished with imprisonment of up to two years and prohibition of the exercise of the profession or Up to six years.
If degrading or dangerous conditions are imposed on minors, penalties must be imposed in their upper half.
Article 250 Unfair labor conditions
A person who, by deceit or abuse of necessity, imposes on workers in his service working or security conditions which infringe, abolish or restrict the rights recognized to them by special legal provisions or by a normative Or maintaining them in such circumstances, shall be punished with a penalty of arrest and a ban on the exercise of the trade or post up to three years.
Article 252 Trafficking in persons for the purpose of their employment
1.Any person who, with intent to gain, promotes or intervenes in the recruitment or transport of clandestine immigrants passing through the Principality of Andorra or who has their origin or destination in the Principality, shall be punished with A prison sentence of three months to three years and a fine of up to 60,000 euros, without prejudice to the criminal responsibilities which may be incurred by the commission of other offenses.
2.Must be punished with imprisonment of two to five years and a fine of up to € 180,000 if he performs such behavior if there is any of these circumstances:
– Whether it belongs to an organization which is, inter alia, possibly or permanently involved in, or acting in connection with, that activity.
– He uses deception.
– Use violence or intimidation.
– That it endangers life or causes a serious risk to the health or physical integrity of the victims.
– Whether victims are under the age of eighteen or incapable.
3.The penalty of deprivation of liberty corresponding to points 1 and 2 of this article shall be imposed in its upper half, respectively, on the person conducting the conduct provided for in any of these points and that there shall be the assistance of one Any of the following circumstances:
– That the author be a civil servant and act in the exercise of his functions. In this case, in addition to the penalties provided for above, the penalty for prohibiting the exercise of public office up to eight years shall be imposed.
– Whether the author is the chief, the administrator or the person in charge of the criminal organization.
CONSTITUTION 1993
Article 13
- The civil status of persons and forms of marriage shall be regulated by law. The civil effects of Canon Law marriage shall be recognised.
- The public authorities shall promote a policy of protection of the family, which is the basic foundation of society.
- Both spouses have the same rights and duties. All children are equal before the law, regardless of their parentage.
Andorra Constitution 1993 – Constitute Project – English (PDF)
CRIMINAL CODE 2005
Article 395 Celebration of illegal marriage
The authority or official who authorizes an illegal marriage should be punished with penalty of arrest and ban from the exercise of public office up to three years
QUALIFIED MARRIAGE ACT 1995
Article 1
- Men and women have the right to marry each other and to found one family, in accordance with the provisions of this Law.
- The family is the basic element of the society and has the right to economic protection ca, social and legal of the same society and the state
Article 8
- Marriage attributes to both spouses the same rights and imposes them also the fulfillment of the same nothing.
- The rights and duties established by law as a result of marriage are indispensable
Article 18
They cannot contract civil marriage:
- Children under 16, unless be exempt from this impediment in accordance with Article 20.
- Those who are bound by a bond matrimonial
Article 20
Civil jurisdiction, having heard the opinion of the nisteri Fiscal, can dispense, with fair cause and at the request of a party, following minds:
- The old one, as long as it is over the age of fourteen, having previously heard the people who exercise their homeland power or guardianship, which in any case have to state whether they grant their assent mind to marriage or if they oppose it.
Article 26
There is no valid civil marriage without marital consent
Article 29
You cannot give valid consent who contracts civil marriage deceived by fraud, caused to obtain their consent. on the quality of the other pulling, which by its nature can seriously disrupt marital life.
Article 30
He cannot give matrimonial consent monial valid the one who contracts marriage civil for violence or serious fear arising of an external cause, although no intentionally provoked by berar-se’n.
Article 35
The consul cannot refuse to proceed to the celebration of marriage by itself or by his delegate. In the case you consider that there is any reasonable cause against the celebration of marriage, you have to put it immediately aware of the gistrator, which will have to resolve in the maximum period of three working days, without to the detriment of Article 25
Article 36
The civil marriage celebrated is null:
- Among persons concerned by the of the impediments established by the Articles 18 and 19, except in the case of dispensation set out in Article 20.
- Without marital consent or with established consent vices by Articles 27, 28, 29 and 30.
- Without the intervention of the consul or of the person delegated by him or without the presence of witnesses.
- Without the authorization established by Article 25, except in the case provided for in Article 34.
Article 37
Civil marriage that is void in under the provisions of Chapter 4 of this title is validated if the coexist for a year in tar:
- Of their age of majority, when they have contracted marriage invalidly by reason of the age impediment established by the Article 20.
- From the moment the error fades or the fraud is discovered or the violence ceases or fear, to which the articles refer 28, 29 and 30
Article 60
- The action to request the statement of nullity of civil marriage or divorce corresponds to:
a) To the spouses.
b) To the Public Prosecutor’s Office.
c) Who has been the victim of violence cia, of grave fear or deception, to what Articles 29 and 30 refer to.
d) People who have an interest in nothing direct and legitimate. In this case the civil jurisdiction must rule information on the existence or non-existence of the said interest, after hearing the Ministry Fiscal.
2. The action to request the declaration of divorce is extinguished by the death of any flight of the spouses and by reconciliation, the which must be expressed when it takes place after filing the lawsuit.
Post-divorce reconciliation does not produces legal effects, but divorces may contract a new one wedding