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Provisions related to forced marriage in Uruguay are found in the Penal Code, which addresses using violence or deception to contract a marriage at Article 264, with a potential penalty of imprisonment from three to twenty-four months. The Penal code also addresses abduction of single woman over eighteen years of age, a widow or an honest divorcee for marriage at Article 266, with a potential penalty of twelve months in prison to five years. The 2013 Civil Code also addresses marriage without consent, arising from violence or error on the person, at Article 199.
Provisions related to servile matrimonial transactions in Uruguay are found in the 1933 Penal Code of Uruguay, which prohibits practices similar to slavery at Article 280. The penalty for practices similar to slavery is imprisonment of two to six years.
Provisions related to marriage trafficking in Uruguay are found in the 2008 Immigration Law, which prohibits trafficking for practices similar to slavery at Article 78, with a potential penalty of imprisonment from four to sixteen years. In addition, the Anti-Social Behaviour, crime and policing Act prohibits deception for forced under article 121 and 122, with a potential penalty to imprisonment for a term not exceeding 12 months or to a fine or both.
The minimum age for marriage in Uruguay is 18, without differentiation of gender, as set out on Article 106 of the 2013 Civil Code. However, marriages below the minimum age are permitted with the consent of the person(s) whose consent is necessary, as set out on Articles 105-109 of the 2013 Civil Code. These exceptions are not differentiated by gender, and allow marriage as early as 16. Where marriages are conducted involving a person below the age of 16, the marriage can be declared null, as set out on Articles 91 and 200 of the 2013 Civil Code.
Latin America and Caribbean
Inter-American Court of Human Rights
Civil
Article 7
The inhabitants of the Republic have the right of protection in the enjoyment of life, honor, liberty, security, labor, and property. No one may be deprived of these rights except in conformity with laws which may be enacted for reasons of general interest.
Article 35
No one shall be compelled to render aid of any kind to the army, or to permit his house to be used for the billeting of troops except by order of a civil magistrate according to law, and in such cases he shall receive from the Republic indemnification for loss that may be incurred.
Article 36
Every person may engage in labor, farming, industry, commerce, a profession, or any other lawful activity, save for the limitations imposed by general interest which the law may enact.
Article 41
The law shall provide the necessary measures for the protection of infancy and youth against physical, intellectual, or moral neglect obey their parents or guardians, as well as against exploitation and abuse.
Article 53
Labor is under the legal protection of the law.
It is the duty of every inhabitant of the Republic, without prejudice to his freedom, to apply his intellectual or physical energies in a manner which will redound to the benefit of the community, which will endeavor to afford him, with preference to citizens, the possibility of earning his livelihood through the development of some economic activity.
Article 54
The law must recognize the right of every person, performing labor or services as a worker or employee, to independence of moral and civic consciousness; just remuneration; limitation of the working day; a weekly day of rest; and physical and moral health.
The labor of women and of minors under eighteen years of age shall be specially regulated and limited.
Article 280. Acquisition, transfer and slave trade and reduction of other men to slavery
Who you reduce to slavery or other like condition A person who Acquires or slaves and transfers l That traffics in them, Shall be punished with two to six years’ imprisonment.
Article 281. Imprisonment
Which, in any way, deprives another of his personal liberty, shall be sentenced to one year in prison chose the Bryant and years imprisonment .
The penalty will be shortened from the third to the half as long as the perpetrator or partner of the latter, the victim freed from captivity within three days from the occurrence.
Article 361. Offenses against morality and decency
shall be punished by a fine of one hundred adjustable units, or equivalent imprisonment:
8 (Inveigling begging). Dedicate children who beg publicly.
Article 78. trafficking
Whoever in any manner or by any means takes part in the recruitment, transportation , transfer, harboring or receipt of persons for forced labor or services , slavery or similar practices , servitude, sexual exploitation, removal and removal of organs or any other activity that undermines human dignity , be punishable by a sentence of four to sixteen years in prison.
Article 79
Whoever, except in cases provided for in Article 78 of this Law and for the same purposes , favor or facilitating the entry , internal transit or exit of people in the country, shall be punished with a sentence of two to eight years penitentiary.
Article 81
Was considered special aggravating circumstances of the crimes described in Articles 77, 78 and 79 of this Act and They will increase by one third to half the penalties provided for therein for compelling the following circumstances:
A) When any endangered the health or physical integrity of migrants.
B) When the victim in the case of a child or a teenager or agent has prevailed physical disability orintellectual of a person over eighteen years
C) When the agent quality magazine police officer or having responsibility for the safety, custody or control issues relating to the migration of people.
D) When traffic or trafficking took place with violence, intimidation or deception or abuse of inexperience of the victim.
E) When the agent his exercise of the activities referred to in Articles 77, 78 and 79 of this law its activity habitual.
Article 161. (General principle)
The status of adolescents who work are regulated under the rules of this Code, special laws, treaties, conventions and agreements ratified by the country.
Article 162. (Age of admission)
set at fifteen years the minimum age to be admitted in adolescents who work in public or private employment in all sectors of economic activity, except as specifically set forth in the following articles, and those taking into account the interests of the child or adolescent, grant the National Children Institute. When the National Institute for Minors not automatically granted, exceptions will be managed by the parent or legal guardianship who prove and establish at least the name of the child’s legal representative, the nature of the activity and the school day.
Article 163. (Obligation protection)
In the case of children or adolescents work, the state is obligated to protect against all forms of economic exploitation and from performing any hazardous work harmful to their health or their physical, spiritual, moral or social development. Prohíbese any work that you can not enjoy being with her family or guardians or hinder their education.
Article 164. (Tasks and harmful working conditions)
The National Institute for Minors to urgently establish the list of tasks to include within the category of hazardous or harmful to health or physical, spiritual or moral , which shall be strictly prohibited, whatever the age of wanting to work or already in relationship. Also, the National Institute for Minors to the presumption of the existence of hazardous conditions or harmful to health or physical, spiritual and moral development of adolescents sought from the General Inspectorate of Labour and Social Security Ministry Labour and Social Security which is to decide in a period no longer than twenty calendar days, on a hazardous or harmful activity.
Article 165. (Special situations)
The National Children Institute will review the authorizations it has provided on the employment of children and adolescents between thirteen and fifteen. Be allowed only light work, which by its nature or the circumstances in which they provide will not harm the physical, mental or social contracts, or prejudge their schooling.
Article 173. (Enforcement and sanctions)
The National Institute for Minors has the authority and responsibility for monitoring compliance with specific provisions relating to competence in their work of minors and punish the breach thereof, without prejudice to the Comptroller General of compliance by the Ministry of Labour and Social Security. Companies or individuals who do not comply with their obligations will be sanctioned by the National Institute of Child with a fine of up to 2,000 UR (two thousand indexed units). The proceeds from the fines will go to National Children Institute.
Article 176. (Responsibility of parents or guardians)
The parents or guardians of children and adolescents that allow or encourage them to work prohibitive violating enshrined in this Code shall be guilty of the offense under section 279 B. Penal Code. The infringement, the National Institute for Minors, or person, make the complaint to the Judge of the Criminal as appropriate.
Article 179. (Remuneration)
The pay of young workers is governed by the provisions of laws, decrees, awards or collective agreements of the activity.
Article 79
Whoever, except in cases provided for in Article 78 of this law and with the same purpose, encourages or facilitates the entry, internal transit or exit of people in the country, is liable to a penalty of two to eight years’ imprisonment .
Article 80
Shall apply, as appropriate, in cases of trafficking provisions of Articles 13 and 14 of Law No. 18,026 of 25 September 2006 in favor of the complainants, victims, witnesses and family.
Article 81
They are considered special aggravating the offenses described in Articles 77, 78 and 79 of this law and will increase from one third to half the penalties provided for therein in case there exist the following circumstances:
A) When any endangered the health or physical integrity of migrants.
B) When the victim in the case of a child or teenager or the agent has prevailed in the physical or mental incapacity of a person over eighteen years.
C) When the agent quality magazine or have a police officer in charge of security, custody or control of matters relating to migration of people.
D) When traffic or trafficking iseffectedby violence, intimidation or deception or abuse of the inexperience of the victim.
E) When the agent doeth the activities mentioned in Articles 77, 78 and 79 of this Act normal activity.
TITLE X OFFENSES AGAINST GOOD CUSTOMS AND THE ORDER OF THE FAMILY
CHAPTER II Bigamy and other illegal marriages
Art. 264. Illegal marriages.
Whoever outside the case of bigamy, using violence or deception, contracts a marriage vitiated by nullity or mediating other decisive impediments, he will be punished with a penalty of three to twenty-four months in prison.
CHAPTER III Rapture
Art. 266. Abduction of a single woman over eighteen years of age, a widow or an honest divorcee.
Whoever, with violence, threats or deceit, abducts or retains, to satisfy a carnal passion or to contract marriage, a single woman, over eighteen years old, a widow or divorcee, honest, whatever her age, will be punished with a penalty of twelve months in prison to five years in prison
Art. 269. Influence of the matrimonial purpose and the victim’s dishonesty.
Extenuating circumstances, as the case may be, are the marriage purpose of the culprit, or the dishonesty of the victim
CHAPTER IV From carnal violence, corruption of minors, public outrage to modesty
Art. 275. Rape.
He commits rape who, through a promise of marriage, makes the conjunction with a maiden woman less than twenty years and over fifteen. Also commits rape, whoever, by simulating marriage, performs such acts with a woman maiden over twenty years old.
Rape is punishable by a penalty that can range from six months in prison to three years in prison.
Codigo Penal. 1934 (updated 2020) – Ministerio del Interio de Uruguay – Spanish (PDF)
Article 3.- Replace article 201 of the Civil Code by the following:
“ARTICLE 201.- It cannot, however, be said of nullity of the marriage contracted by individuals, of which one or both were under 16 (sixteen) years of age at the time of the celebration:
1) When 180 (one hundred and eighty) days have passed, since both spouses turned 16 (sixteen) years old.
2) When the woman has conceived before the age of 16 (sixteen) or before the expiration of 180 (one hundred and eighty) days overdone “.
Law 19119-2013 (marriage) – Parliament – Spanish (PDFUruguay.
Article 26.- Subparagraph 1 of article 91 of the Civil Code is replaced by the following:
“1. Be any of the contracting parties under sixteen years of age”
91 . The following are decisive impediments to marriage:
1st. The lack of age required by the laws of the Republic; that is, fourteen years of age in the male and twelve compliments on the woman.
2nd. The lack from consent on the contracting parties. Deaf-mutes who cannot be understood in writing are skilled at marrying, provided it is proven that they can give consent. The verification will be done by judicially approved medical report.
3rd. The undissolved bond from a previous marriage.
4th. The kinship in a straight line by consanguinity or affinity, whether legitimate or natural.
5th. In the transversal line, the kinship between legitimate or natural siblings.
6th. The homicide, attempt or complicity in the homicide against the person of one of the spouses, regarding the survivor.
7th. The lack of religious consecration, when it has been stipulated as a decisive condition in the contract and the fulfillment of it is claimed on the same day as the celebration of the marriage
105 . No marriage will be celebrated, without the consent or license of the person or people, whose consent is necessary, according to the rules to be expressed or without stating that the respective contracting party does not need the consent of another person to marry or that he has obtained that of justice in subsidy
106 . Legitimate children who have not reached the age of eighteen need to marry the express consent of their parents and in the absence of both, that of the ascendant or ascendants in degree closer. In the equality of opposite votes, he will prefer the one favorable to the marriage.
107 . In the absence of said parents or ascendants, it will be necessary for the person who has not reached eighteen years to express consent of your guardian or special curator ( article 308 ).
108 . It will be understood that the father, mother or other ancestors are missing, not only because they have died, but also because to be insane or foolish or to be absent from the territory of the Republic and not expect his soon return or the place of residence is ignored.
109 . Recognized natural children who have not reached the age of eighteen, according to the Article 106 , are obliged to obtain the consent of the father or mother who has recognized them with legal formalities; and of the two if both have recognized and live, being of application for this. In the last case, the provisions of the second paragraph of article 106 . In the absence of said parents, the provisions of article 107 shall apply.
For the purposes of this article and the previous ones, it will be understood that the father and mother are missing if they have lost parental authority but not if it has been simply limited to them, unless expressly resolved.
110 . When consent to the marriage is denied by the person or persons who must provide it, there will be an appeal before the competent Court, to declare the dissent irrational.
115 . The public official who in any way violates the provisions that concern him Relating to marriage, they will incur the same penalty as article 162 of the Penal Code establishes.
199 . It cannot be said of nullity of the marriage contracted without the free consent of the spouses, but by the contracting party, whose consent has not been free.
If the vice of consent arises from violence or error on the person, the demand for annulment, when there has been continued cohabitation for sixty days, since the spouse acquired his absolute freedom or knew the error of which he had been a victim.
200 . Of the marriages contracted with some of the decisive impediments of numbers 1, 3, 4, 5, 6 and 7 of Article 91 , can be declared null, as the case may be, by the spouses themselves, by any interested party or by the Public Ministry.
This provision is applicable to the case of clandestine marriage, that is, it has not been contracted publicly, in the presence of the competent official and in accordance with the provisions of this Code.
201 . It cannot, however, be said of nullity of the marriage contracted by individuals, of which one or both of them were prepubescent at the time of the celebration:
1st. When one hundred and eighty days have passed, since both spouses were legally pubescent.
2nd. When the woman has conceived before legal puberty or before reaching one hundred and eighty days above.
203 . In all nullity proceedings, even if it is followed at the request of the interested party, the Ministry will intervene Public.
The Public Ministry will be given the voice of the lawsuit, due to defiance or abandonment of the litigants, until a sentence is passed to the authority of res judicata.
Article 78. trafficking
Whoever in any manner or by any means takes part in the recruitment, transportation , transfer, harboring or receipt of persons for forced labor or services , slavery or similar practices , servitude, sexual exploitation, removal and removal of organs or any other activity that undermines human dignity , be punishable by a sentence of four to sixteen years in prison.
Article 79
Whoever, except in cases provided for in Article 78 of this Law and for the same purposes , favor or facilitating the entry , internal transit or exit of people in the country, shall be punished with a sentence of two to eight years penitentiary.
Article 81
Was considered special aggravating circumstances of the crimes described in Articles 77, 78 and 79 of this Act and They will increase by one third to half the penalties provided for therein for compelling the following circumstances:
A) When any endangered the health or physical integrity of migrants.
B) When the victim in the case of a child or a teenager or agent has prevailed physical disability or intellectual of a person over eighteen years
C) When the agent quality magazine police officer or having responsibility for the safety, custody or control issues relating to the migration of people.
D) When traffic or trafficking took place with violence, intimidation or deception or abuse of inexperience of the victim.
E) When the agent his exercise of the activities referred to in Articles 77, 78 and 79 of this law its activity habitual.