10 décembre 2022
What Is the Legal Age to Date in Iran
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The « age of consent » is the minimum age at which a person is considered legally capable of consenting to sexual acts. A person younger than the age of consent (i.e. minor) cannot legally confirm that a sexual act in which they participated was consensual. In other words, in the eyes of the law, they are not yet old enough to consent to sex. If a person over the age of consent engages in sexual activity with a minor partner, that activity may be considered legal rape. In fact, in some jurisdictions, a sexual act may be considered legal rape, even if all participants were minors. With regard to the age of marriage, the Code did not take into account the social norms applicable to early marriages and deliberately attempted to legally change that reality. Official statistics at the time of writing the code show that early marriages were common in Iran. According to the 1965 Rural Fertility Survey of Iran, 19.7 per cent of the women interviewed and 4.7 per cent of the men interviewed had married before reaching the legal age, i.e. 15 and 18 years (Momeni 1972: 546). This survey was conducted at a time when the non-registration rate was very high. Therefore, it is highly likely that the actual number of early marriages was even higher.
Moreover, early marriages are not limited to rural areas. In 1970, 4,500 girls in Tehran applied for exemption from the age restriction – that is, they were under 15 years old – and about 2,000 received marriage permits (ibid.: 547). Despite the gap between law and practice, just four years later, legislators decided to raise the age of marriage even further. The de facto age of consent for heterosexual relations in Malaysia is 18 for both sexes, as homosexual activity is illegal in Malaysia. In Iran, the legal age of marriage is thirteen for girls and fifteen for boys. However, many child marriages in Iran are not registered because they take place in rural areas and among tribal and poor families. In most cases, financially precarious, illiterate or drug-addicted fathers marry off their daughters out of financial desperation. While most European countries set the age of consent at 16-17, several others, including Malta and Vatican City, require young people to be at least 18 before legally having sex.
The lowest age of consent in Europe is 14, which applies in Austria, Italy, Serbia, Germany and Portugal. Africa: In most parts of southern Africa, including Botswana, Namibia and South Africa, people can consent to sex from the age of 16. In Libya and Sudan, the age of consent is not fixed, but marriage is required by law before sexual relations are allowed. It should be borne in mind that this article deals mainly with the social aspects of early marriage. It is intended to provide a basis for further research on this topic. An in-depth analysis of the role of law in creating social change in relation to early marriage requires separate research based on the findings of the article. The article aims to criticize the current approach, i.e. legal reform, and to clarify the causes that hinder the effectiveness of these reforms. The development of an alternative in which all related actors make coordinated efforts to change is beyond the scope of this research.
Sex outside marriage is illegal in Iran. [66] The minimum age of marriage in Iran is 15 for men and 13 for women. [67] [68] Ways of circumventing these rules include temporary marriages (nikah mut`ah). [69] With the court`s permission, girls are allowed to marry at a younger age. In 2010, up to 42,000 children aged 10 to 14 were married,[70] and 716 girls under the age of 10 had married. [71] The age at which a person is considered legally capable of consenting to sexual acts varies considerably around the world – and even in Europe. Consensual sexual relations outside of marriage are legally permitted for people aged 21 and over. [27] If a married person has sexual relations with a person to whom he or she is not married, the Code of Criminal Procedure gives the person to whom he or she is married the freedom to file a complaint of adultery if he or she so wishes. They also have the freedom to drop charges after they file if they wish. However, these options would not be available after three months since the person became aware of the adultery. Marriage should, of course, be recognized by the government so that the options mentioned can be made available. There is no age of consent in Pakistan.
All sexual activity in Pakistan is illegal until marriage. The minimum age of marriage is 18 for men and 16 for women. In some cases, women are allowed to marry at the age of 14. Once two people are married, their age is no longer an issue and sex is legal. Consensual same-sex relations are criminalized in Pakistan. « It is murder when a child – a young girl – is forced to marry. It`s like you killed that girl. That`s exactly what happened to Mina. She was only 12 years old when she was forced to marry a man then 30 years old. Article 21 of the Constitution of the Islamic Republic of Iran: « The Government guarantees the rights of women in all respects in accordance with Islamic criteria and achieves the following objectives. the granting of guardianship of children to worthy mothers in order to protect the interests of children, in the absence of a legal guardian.
Any sexual activity outside of heterosexual marriage is illegal in Brunei. [35] The age of consent in Brunei is 16. Note B – The Council of Ministers, when authorizing the renunciation of the nationality of an unmarried Iranian woman, may authorize the renunciation of the nationality of her children if they are without a paternal father or grandfather, under the age of 18 or otherwise incapable. Their children under the age of 25 may also denounce their nationality in accordance with their mother`s nationality announcement. Recently, debates have arisen in political and academic forums about raising the minimum age to 16 or 18. Among the various actors, NGOs refer mainly to the Committee on the Rights of the Child as the authoritative body for setting the minimum age of marriage. The main strategy in Iran is an evolutionary interpretation of religious norms. However, it can be argued that attempts to achieve such an interpretation are partly influenced by international attention to early marriages and their negative consequences, which places too much emphasis on the role of legal reform in eliminating such marriages. It is difficult to obtain reliable data on the situation of early marriage in Iran.
The prevalence of unregistered marriages casts doubt on the validity of the statistics. The government does not provide precise information on the age of marriage, and unofficial sources such as Justice for Iran, a London-based Iranian human rights nongovernmental organization, do not have a transparent and impartial process for collecting data. (For more information on justice for Iran, see justice4iran.org.) Most of the statistics in this study were provided by the media through news reports and interviews. Therefore, they must be handled with care. According to Article 287 of the Indonesian Penal Code, the age of consent in Indonesia is 15 years. [62] The age of consent is the minimum age at which a person is legally old enough to consent to engage in sexual activity. Persons aged 14 or younger in Indonesia are legally incapable of consenting to sexual activity, and such activities may result in prosecution for legal rape or relevant local law. The age of consent in Cambodia is 15, regardless of gender or sexual orientation. [36] The age of consent in this country is determined by Section 8 of Chapter 4 (Debauchery) of the Anti-Abduction, Trafficking and Exploitation of Persons Act, which was specifically enacted to prohibit sexual relations with children under the age of 15. The law prohibits « debauchery » with a child under the age of 15, and this term (the original Cambodian word is anacha has been interpreted by the courts to prohibit any form of sexual behavior (consensual and non-consensual; both « normal » sex and paid sex) with a child under the age of 15.
It is the main legal instrument for prosecuting foreigners who engage in child sex tourism in Cambodia. [37] [38] [39] [40] Iran does not have a legal age of consent, as marriage is required by law before sexual intercourse is permitted. If there is no age limit for marriage, there is indeed no age of consent between married persons. Obscene laws on minors, which take precedence over the penal code, contain age of consent laws for some prefectures. In some, sexual activity with people under the age of 15 is illegal, but in others, the age is 18.
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