uu.seUppsala University Publications
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Non-Recognition of Child Marriages: Sacrificing the Global for the Local in the Aftermath of the 2015 'Refugee Crisis'
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2018 (English)In: International and National Perspectives on Child and Family Law: Essays in Honour of Nigel Lowe / [ed] G. Douglas, M. Murch, V. Stephens, Cambridge, Antwerp, Portland: Intersentia, 2018, 1, p. 267-281Chapter in book (Other academic)
Abstract [en]

During just a few months in the second half of 2015 more than a million refugees arrived in Europe, most of them fleeing from the turbulent conditions of countries such as Syria, Afghanistan, Iraq, Somalia or Eritrea; Europeans tend to refer to this period as ‘the European refugee crisis’. Two European states chose, initially, a welcoming attitude and became the most popular countries of refuge within the European Union (EU). Germany (with a population of almost 83 million) received approximately 1 million asylum seekers and Sweden (with a population of 10 million) more than 163,000 during this short period. But only a few months later, even they were closing their borders. By then, the lack of political will among the EU Member States to share the burdens of the refugee flows had become evident. We are moving into an era of a ‘European refugee break’ which includes heated debates on society's ability (or lack of ability) to receive and integrate newcomers from a very different cultural background. A clash of values, with women and children as the constructed victims, has been brought into the limelight.

Due to Nigel Lowe's deep expertise and engagement in international child law, this chapter focuses on the recent developments in both Sweden and Germany to combat child marriages, defined as marriages where either party is – or was – under the age of 18 years at the time of the marriage. The traditional position of private international law has been in favour of recognising marriages validly concluded abroad. The explanation lies in the privileged position of marriage as a civil law status with far-reaching legal consequences, and in the importance of recognising legally acquired rights. The rule of recognition has been ‘ narrowed down’ in Sweden, during the last decade, mainly to prevent evasion of Swedish law. Further restrictions are proposed to enter into force on 1 January 2019, with the aim of protecting married refugee children from their marriage. Corresponding legal amendments have recently been adopted in Germany. I argue that this current call for non-recognition, ‘sacrifices the global for the local’, in a questionable manner.

Place, publisher, year, edition, pages
Cambridge, Antwerp, Portland: Intersentia, 2018, 1. p. 267-281
Keywords [en]
refugee children, child marriages, capacity to marry
Keywords [sv]
barnäktenskap, flyktingbarn, gifta barn, erkännande av äktenskap giltigt ingångna i utlandet
National Category
Law and Society
Research subject
Private International Law
Identifiers
URN: urn:nbn:se:uu:diva-372492DOI: 10.1017/9781780687001.023ISBN: 978-1-78068-641-7 (print)OAI: oai:DiVA.org:uu-372492DiVA, id: diva2:1275973
Available from: 2019-01-07 Created: 2019-01-07 Last updated: 2019-09-13Bibliographically approved

Open Access in DiVA

No full text in DiVA

Other links

Publisher's full text

Authority records BETA

Jänterä-Jareborg, Maarit

Search in DiVA

By author/editor
Jänterä-Jareborg, Maarit
By organisation
Department of Law
Law and Society

Search outside of DiVA

GoogleGoogle Scholar

doi
isbn
urn-nbn

Altmetric score

doi
isbn
urn-nbn
Total: 88 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf