Policy Brief No. 8. Child Marriage, Forced Marriage and Early Unions in Latin America and Spain. Legal Challenges, Structural Gaps and Public Policy Pathways

• Pages: 65-76
• Author: Ana María Vega Gutiérrez

TARGET AUDIENCE

Ministries of equality, childhood, justice, education, health and social aairs; senior management

responsible for gender policies, human rights and social development; and technical and profes-

sional teams from: child protection services, equality institutes and directorates, social and educa-

tional services, public prosecutors’ oces and violence units, justice teams, civil registry and mi-

gration services, and regional and municipal bodies with responsibilities for children, adolescents

and families.

EXECUTIVE SUMMARY

Child and forced marriages constitute a harmful practice of global signicance that disproportiona-

tely aects girls and adolescents. Latin America and the Caribbean have one of the highest rates in the

world—one in four young women married before the age of 18—and its prevalence has not decreased

over the last 25 years despite the legislative reforms undertaken.

This policy brief examines the international and comparative legal framework and the challenges that

remain and proposes public policy options and recommendations aimed at protecting the rights of

minors without disregarding the principle of progressive autonomy or the underlying structural cau-

ses. Based on this evidence, a public policy roadmap is oered, comprising regulatory, institutional

and community-based measures aimed at achieving Target 5.3 of the 2030 Agenda and ensuring the

eective protection of children and adolescents.

KEY POLICY QUESTION

What public policies, regulatory reforms and institutional commitments are needed to eliminate

child marriages and early unions in Latin America and Spain, while respecting the principle of pro-

gressive autonomy of the child and cultural and religious diversity?

65

GENDER EQUALITY AND RELIGIOUS FREEDOM IN THE 2030 AGENDA:

TEN POLICY BRIEFS

Francisca Pérez-Madrid (coord.)

Dykinson, Madrid, 2026

POLICY BRIEF

CHILD MARRIAGE, FORCED MARRIAGE AND EARLY UNIONS IN LATIN AMERICA AND SPAIN

LEGAL CHALLENGES, STRUCTURAL GAPS AND PUBLIC POLICY PATHWAYS

Ana María Vega Gutiérrez

Full Professor of Law, Universidad de La Rioja

1

THE POLICY

PROBLEM

Child marriage—dened as any formal or informal union in which at least one of

the parties is under 18 years of age—is classied as one of the harmful cultural or

traditional practices that the 2030 Agenda (Target 5.3 of SDG 5) calls for the elimi-

nation of. The phenomenon also has a negative impact on the achievement of SDGs

4 (education), 10 (reducing inequalities) and 16 (strong institutions for child pro-

tection). Its eradication presents unique complexities that defy simplistic legislative

responses.

Despite global progress on gender equality and child protection, child marriage (CM)

and early unions (EU) — both formal and informal — continue to aect millions of