Honduras

Article 112

The right of a man and a woman, who have that quality naturally, to contract marriage between themselves is recognized, as well as the legal equality of spouses.

Only a civil marriage performed by competent officials and under the conditions established by law is valid.

De facto union between persons having the legal capacity to marry is recognized.

The law shall indicate the conditions under which it shall have the effect of a civil marriage.

Marriage and de facto union between persons of the same sex is prohibited.

Marriages or de facto unions between persons of the same sex that are celebrated or recognized under the laws of other countries shall not be valid in Honduras.

Honduras Constitution 1982 (Rev 2013) – Constitute Project – English (PDF)

TITLE VII CRIMES AGAINST DIGNITY AND HONOR

CHAPTER I CRIMES AGAINST MORAL INTEGRITY

SECTION II

TRAFFICKING IN PEOPLE AND DEGRADING FORMS OF HUMAN EXPLOITATION

ARTICLE 219.- TRAFFICKING IN PERSONS. 

Must be punishable by imprisonment from five (5) to eight (8) years, who using violence, intimidation, deception or, abusing of a situation of superiority or need of the victim or by delivering or receiving payments or benefits for obtain the consent of the person in control of the same, captures, transports, transfers, welcomes or receives, inside or outside the national territory, with any of the following purposes:

1) Exploitation in conditions of slavery, servitude, services or forced labor, including begging and the obligation to perform Criminal activities;

2) Forced sexual exploitation;

3) Perform a servile marriage or de facto union or forced;

4) Cause a forced pregnancy;

5) The removal of your organs or body tissues, or its derived components; or,

6) Experimentation for the application of medications, drugs, substances or techniques clinics.

The consent of the victim is irrelevant when has resorted to any of the means indicated in the paragraph first of this article.

Even when none of the indicated means are used in the first paragraph, any person is considered trafficking of the actions indicated when carried out with respect to minors under eighteen (18) years of age for any of the purposes planned exploitation.

ARTICLE 220.- SPECIFIC AGGRAVATIVES.

I know must increase the penalty by a third (1/3) when it concurs any of the following circumstances:

1) Life, physical integrity or psychic or health of the victim;

2) The victim is especially vulnerable for reason of age, illness, disability, or is a woman pregnant; or,

3) The culprit belongs to a criminal group organized.

It must be imposed, in addition to the corresponding prison sentence, absolute disqualification for twice the duration of the prison sentence, to those who carry out the acts taking advantage of of his status as a public official or employee.

TITLE XI CRIMES AGAINST RELATIONSHIPS Family

Chapter 1 Illegal marriages

ARTICLE 279.- CELEBRATION OF MARRIAGE INVALID.

Who, with knowledge of his disability, marries, must be punished with the penalty of provision of public utility services or victims from six (6) months to one (1) year, or a fine of one hundred and fifty (150) to three hundred (300) days.

Whoever commits the acts described in the previous paragraph must be exempt from penalty if the marriage were later validated.

ARTICLE 280.- MARRIAGE AUTHORIZATION INVALID. 

Who authorizes marriage prohibited by the Law or without the concurrence of the necessary requirements for its validity, must be punished with the penalty of providing public utility services or victims of eight (8) months to one (1) year or a fine of two hundred (200) to five hundred (500) days.

If these facts are carried out by professionals, by public official or employee, must also impose the penalty of special disqualification for employment or public office or for the exercise of the profession for a period of two (2) to four (4) years.

The above penalties must be lowered one quarter (1/4) when the cause of invalidity was dispensable.

Honduras Penal Code – Spanish (PDF)

Article 52 – Trafficking in persons

Trafficking in persons is a crime that facilitates, promotes or executes the training, the reenactment of persons, inside or outside the national territory, to subject them to bondage, slavery or similar practices, work or services Forced or servile marriage, illicit trafficking of organs, human fluids and tissues, sale of persons, commercial sexual exploitation, irregular adoption and recruitment of persons under the age of eighteen for use in criminal activities and will be punished With a penalty of ten to fifteen years of imprisonment, more absolute disqualification or double the timepo that lasts the reclusion and mulla of one hundred fifty to two hundred minimum wages.

Honduras Trafficking in Persons Law 2012 – Spanish (PDF)

Article 97

Are suitable for marriage, people who meet the following circumstances:

1.- Being pubescent, understanding that the male is at the age of fourteen and the female at twelve.

However, the marriage contracted by pre-puberty will be considered revalidated without the need for an express declaration, if one day after reaching legal puberty they had lived together without having claimed against its validity in court, or if the woman had conceived before legal puberty or the claim.

2.- Being in the full exercise of their reason at the time of celebrating the marriage.

3.- Not to suffer, prior to the celebration of the marriage and in a patent, perpetual and incurable way, of absolute or relative physical impotence for procreation.

Article 98

Even when they have the aptitude expressed in the preceding article, they will not be able to marry:

1. – Those who are linked to a marriage bond not legally dissolved.

2.- Minors who have not obtained the consent of the people called to provide it in the cases determined by law.

3.- The widow, during the two hundred and seventy days following the death of her husband, or before her delivery if she has been left on tape; and the woman whose marriage has been declared null or dissolved in the same cases and terms, counting from their legal separation.

Article 102

Those who have reached the age of twenty-one are not obliged to request the consent of any person.

Article 103

Those who have not reached twenty-one years of age, even if they have obtained age authorization, may not marry without the express consent of their legitimate father, or in the absence of a legitimate father, that of the legitimate mother, or in the absence of both, that of the legitimate ascendant or ancestors closest grade.

Article 104

The natural child who has not reached twenty-one years of age, will be obliged to obtain the consent of the father or mother who has recognized him with the legal formalities, and if both have recognized him and are living, that of the father.

Article 105

It will be understood that the father or mother or another ancestor is absent, not only because they have died, but also because they are insane or crazy; or because he is absent from the territory of the Republic and his soon return is not expected; or by ignoring the place of his residence.

Article 106

The father or mother who have been deprived of parental authority by judicial decree, or who due to their misconduct have been disqualified from intervening in the education of their children, shall also be understood to be absent.

Article 107

In the absence of the said parents, mother or ascendants, the consent of the guardian or curator will be necessary for those who have not reached the age of twenty-one.

Article 108

Of the people who must be asked permission to marry, only the guardian or curator who denies their consent are obliged to express the cause.

Article 109

The reasons that justify the disagreement of the tutor or curator may not be other than these:

1.- The existence of any legal impediment.

2.- Failure to take any of the procedures prescribed in title VI of this book.

3.- Serious danger to the health of the minor to whom the license is denied, or of the offspring.

4.- Licentious life, immoderate passion for gambling, habitual drunkenness of the person with whom the minor wishes to marry.

5.- That person is suffering a sentence of imprisonment or confinement that exceeds one year.

6.- Not having any of those who intend to marry current means for the competent performance of the obligations of marriage.

Article 111

The consent of the father or the mother may not be supplied by the authority, when the minor who intends to marry has not reached the age of eighteen.

Article 121

Any individual over sixteen years of age may report to the municipal mayor of the place where edicts are established, the legal impediments that obstruct the celebration of the marriage.

Article 140

The marriage is dissolved:

1 ° .- Due to the natural death of one of the spouses.

2 ° .- Due to the presumption of death of one of the spouses, declared in the form of law.

3 ° .- For the declaration of nullity of the marriage.

4 ° .- By final judgment in which the contentious or voluntary divorce is declared.

Article 141

The following will not be considered valid:

1.- The marriage that is contracted by which lacks any of the necessary circumstances of aptitude, prescribed in Article 97, except as provided in the second paragraph of number 1. of said article.

2.- The one that is contracted mediating any of the impediments established in number 1o. of Article 98, and in the first five numbers of Article 99, if they have not been previously dispensed in the cases in which the dispensation is appropriate.

3.- The one that is not contracted with the authorization of the competent Municipal Mayor and in the presence of two witnesses of legal age.

4.- The one contracted by mistake in the person, by coercion or by serious fear that vitiates the consent.

5.- The one contracted by the abductor with the stolen one, while it is in his power.

However, the marriages referred to in the two antecedent numbers will be valid, if six months of cohabitation of the spouses have elapsed, counting since the error had vanished or freedom had been recovered, without having claimed during that time the nullity.

Article 142

In the cases of numbers 1o., 2o. and 3rd. of the previous article, the spouses, the Public Prosecutor’s Office, or any person who has an interest in it may claim nullity. But in the case of impotence included in the number 1, and in the cases of numbers 4. and 5th., only the injured spouse can claim it.

Family Code

Article 14

Marriage is based on the equality of rights and obligations of both spouses and on their celebration must be fulfilled all the requirements and complete the formalities that this Code establishes

Article 16

The age of majority is obtained at the age of twenty-one. Only those of legal age enjoy free fitness to marry. However, they may contract it, the eighteen-year-old male and women over sixteen years of age, provided that authorization is granted in accordance with this Code. However, it will be validated without the need for an express declaration, the marriage contracted by people who have not reached the ages referred to in the preceding paragraph, due to the fact that the contracting parties did not separate, for a month after the minor spouse turns sixteen or if the woman has conceived before reaching that age.

Art 17

The authorization for minors to marry must be given by:

1) The father and mother jointly, or the one of them who exercises parental authority;

2) Maternal or paternal grandparents indistinctly in the absence of parents, preferring those that they coexist in the same address with the minor;

3) The adopter or adopters when the minor has been adopted;

4) The guardian if the minor is subject to guardianship; Y,

5) The competent Judge when any of the persons in charge of authorizing it, will deny it without mediate just cause and the minor is over eighteen years old.

Article 18

The reasons that justify the dissent of the people referred to in the previous Article to deny your authorization, may not be other than the following:

1) The existence of any impediment or legal incapacity;

2) Serious danger to the health of the minor to whom the authorization is denied or of the offspring;

3) Licentious life, immoderate passion for prohibited games, habitual drunkenness or addiction to heroic drug use and narcotics of the person with whom the minor plans to marry;

4) Those who intend to marry lack current means and the ability to acquire them.

Article 21

It is forbidden to celebrate the marriage:

1) Of minors who have not obtained the consent of the people called to grant it in the cases determined by law.

2) Of the woman before 300 days have elapsed from the dissolution of the previous marriage or de facto union or since the marriage is declared null, unless there is there has been childbirth within that term or that one of the spouses has been materially separated from the other or absent for the term indicated.

If the nullity of the marriage has been declared due to impotence of the husband, the wife may contract a new marriage without waiting for any term; Y,

3) Without the prior publication of the legal edicts and without the presentation of the medical certificate prenuptial.

Article 22

If, notwithstanding the provisions of the preceding Article, the marriage is celebrated, it shall be valid but both the operation or who authorizes the marriage and the people guilty of the infringement will be responsible in accordance with the Law.

Article 228

The marriage is voidable:

1) When it is contracted by those who lack the necessary circumstance of aptitude indicated in the second paragraph of the Article 16 of this Code, except as provided in the third paragraph of the same article;

2) When a medium error is contracted in the person, coercion or intimidation that vitiates the consent; Y,

3) For absolute impotence that asks for the marital relationship.

Article 229

The marriage contracted by the persons referred to in the Articles 19 and 20 of this Code is absolutely null, except in the case of dispensation mentioned in the final paragraph of the latter Article.

Article 230

The right to request nullity in the cases referred to in numerals 1 and 2 of Article 228 will correspond only to the affected spouse, within a period of six months after the marriage.

In the case referred to in numeral 3 of the aforementioned Article, the nullity may be requested only on the affected spouse, within thirty days of having ceased the cause that vitiates the consent