Andorra Sets Consent Age at 16 in Penal Code Reform, Bans Conversion Therapy
Parliament's Justice and Interior Commission has approved key penal code changes, including a consent age of 16 with close-in-age exceptions and bans on forcing changes to sexual orientation or gender identity.
Key Points
- Age of consent raised to 16 from 14, with 3-year age gap exception for 14+
- New crimes: cultural goods trafficking, digital prostitution facilitation, conversion practices
- Penalties up to 3 years for conversion therapy, harsher for minors/disabled
- Abortion decriminalisation amendments rejected amid Holy See talks
Andorra's Justice and Interior Commission has finalised most elements of the penal code reform, setting the age of consent at 16 years while introducing new offences for cultural goods trafficking and forcing changes to sexual orientation or gender identity.
The commission expects to complete remaining details on sexual freedom crimes next week ahead of a vote in the final ordinary session on 15 July. Demòcrates, the parliamentary majority, reversed its initial proposal to raise the age from the current 14 to 18 after internal reflection and consultations with youth groups and social organisations. Jordi Jordana, Demòcrates group president, explained that 18 did not match young people's realities and lacked political or social consensus. An exception will apply: relations remain unpunishable if the age difference is no more than three years and the younger person is at least 14. This matches the government's original draft and positions from other parties and consulted entities.
The reform strengthens protections against online exploitation, particularly of minors and people with disabilities. A new provision criminalises "facilitation of prostitution in digital environments," carrying penalties from six months to three years in prison. It specifies "simultaneous interaction" between provider and client to exclude pornography consumption on platforms like OnlyFans.
Proposals from the Social Democratic Party, now accepted, ban so-called conversion practices—acts using violence, intimidation, coercion, deceit, abuse of power, or harm to moral integrity to alter a person's sexual orientation, gender identity, or expression. Penalties range from three months to three years in prison, with harsher terms for vulnerable victims such as minors or those with disabilities; advertising such practices is prohibited.
Trafficking movable cultural, historic, artistic, or scientifically significant goods will become a crime punishable by fines, with attempts also liable.
Undue delays in judicial proceedings will qualify as a mitigating circumstance in sentencing.
Opposition amendments from Concòrdia and the Social Democrats to decriminalise abortion were rejected. Jordana said the issue belongs to ongoing government negotiations with the Holy See, not this reform. Susanna Vela, Social Democrats president, called it a missed opportunity to centre women's rights, criticising reliance on Vatican approval and noting lawmakers' responsibility. She plans a reserved amendment for the General Council plenary debate, despite slim chances of success, and praised other accepted minority proposals.
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