O casamento infantil na Colômbia : uma análise da Lei nº 2.447 de 2025 sob a perspectiva da Convenção sobre os Direitos da Criança de 1989 (CDC)

Abstract

This paper aimed, through an intersectional perspective, to analyze the compatibility between the legal changes promoted by Colombian Law No. 2,447 of 2025, which altered various exceptions to child marriage rules, and the guidelines contained in the 1989 Convention on the Rights of the Child (CRC), checking whether the country managed to align its legal system and make progress in the effective protection and guarantee of children's and adolescents' rights. For this, the methodological strategy used was a case study with an exploratory nature, using a qualitative approach. Child marriage, besides being a complex phenomenon with multiple vulnerabilities, is a gender issue, robbing childhood from countless children and adolescents, especially girls. With deep cultural roots and strong traditional ideals, it manifests through a formal or informal union in which at least one of the parties is under 18 years old, perpetuating a situation of constant violation of children's and adolescents' rights and guarantees. Even though their rights are protected globally through international treaties and conventions, often due to political, ideological, and regulatory misalignment, children and adolescents face legal and social insecurity within their own country. This was the case in Colombia, a country that was quick to ratify several international human rights instruments but slow to adjust its legal system to effectively protect and guarantee the rights of children and adolescents, which is why this research provides an analysis of recent legislative updates from an intersectional perspective and from the CDC.