Human rights are all those rights which, being inherent to human nature, belong to all persons universally and without distinction of any kind. When these rights are positivized in the constitutions, they acquire the distinctive name of fundamental rights, with the obligation of the State to monitor their fulfillment.
Published in Chapter:
Applying Fault Trees to the Analysis at the Minimum Age for Sexual Consent in the Criminal Law of México
Samuel Olmos (Universidad Autónoma del Estado de México, Mexico) and José Julio Nares (Universidad Autónoma del Estado de México, Mexico)
Copyright: © 2020
|Pages: 19
DOI: 10.4018/978-1-7998-1286-9.ch005
Abstract
Children and adolescents have the enjoyment of sexual and reproductive human rights, and when they have reached the minimum legal age for sexual consent, they acquire the right to exercise it. In the world this age, although supported by laws, is fixed by several factors, among which the cultural one stands out. Mexican criminal legislation punishes adults who have sexual relations with minors who are not of that age with the offence of rape because of the serious effects it has on their dignity and sexual health. On average, 76% of the penal codes of the country's federal states stipulate the age between 12 and 14 years. It is argued that this age, and in particular the first, lacks effectiveness in protecting as a legal asset the free development of the personality in its aspect of sexual health, so it is argued based on the theory guaranteeing human rights, the need to establish it at least 15 years. It analyzes the state of legislation in Mexico based on the failure trees.