Los derechos sexuales y de salud sexual y reproductiva de los menores de edad y la validez de su consentimiento después de las últimas modificaciones legislativas
ISSN: 1133-7400
Year of publication: 2016
Volume: 26
Issue: 1
Pages: 9-38
Type: Article
More publications in: DS : Derecho y salud
Abstract
In year 2015 two main changes were implemented in the field of sexual rights and sexual and reproductive minors health: raising the age of sexual consent as well as changes on abortion affecting under 16 and 17. In addition, throughout a exhaustive and systematic task, all rules that directly or indirectly may lead to consider the autonomy of the minor in the relevant decision-making in this area were also reformed, in special the article 9.3, L 42/2002. The goal was clear: exclude or to limit the capacity of decision of minor. This paper shows the legal, individual and social consequences of this criminal policy option and proposes some criteria to give legal effect to the consent of the minor in the context of a theory of rights constitutionally founded.