Journal Article

Child Brides on The Move: Legal Responses to Culture Clashes

Nina Dethloff

in International Journal of Law, Policy and the Family

Volume 32, issue 3 Published in print December 2018 | ISSN: 1360-9939
Published online August 2018 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/eby008
Child Brides on The Move: Legal Responses to Culture Clashes

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ABSTRACT

Migration and, in particular, the recent influx of refugees has led to an increasing number of child marriages in Germany as well as in many other European countries. Girls are frequently married at a very young age either before leaving their home countries or while fleeing. This happens largely in accordance with the laws of their countries of origin. In Germany, the growing presence of married young migrant girls has led to a heated public debate and to the introduction of the Bill to Combat Child Marriages, which entered into force on the 22 July 2017. This article will critically evaluate how marriages with the participation of minors are and should be dealt with in a multicultural context. Although in an increasingly globalized world different cultural traditions and concepts as well as religious beliefs and legal norms have to be taken into account and respected, the protection against forced marriages, the safeguarding of the freedom to marry, as well as the recognition and protection of a potentially existing family life, including children already born out of the relationship, are at stake. This requires the careful drawing of a fine line in the case of marriages of minors.

Journal Article.  7181 words. 

Subjects: Family Law ; Law and Society ; Politics and Law ; Marriage and the Family

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