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Child marriage and family reunification: an analysis under the European Convention on Human Rights and Dutch Forced Marriage Prevention Act
Netherlands Quarterly of Human Rights ( IF 1.7 ) Pub Date : 2020-02-07 , DOI: 10.1177/0924015917708384
Anne Wijffelman 1
Affiliation  

The Dutch Forced Marriage Prevention Act aims to prevent family reunification of so-called child brides with their husbands in the territory of the Netherlands by no longer recognizing child marriages concluded abroad as legal marriages. Although it can be argued that the Netherlands has an obligation not to recognise a child marriage concluded abroad, it is disputable whether the Forced Marriage Prevention Act is in line with other human rights obligations. This article analyses whether the rights of child brides are violated under Articles 8 and 3 of the European Convention on Human Rights, if their family reunification application is denied. Although the minor spouse is most likely residing outside the territory of the Netherlands, a family reunification procedure brings her nevertheless within its jurisdiction, and as such within the sphere of the European Convention on Human Rights.

中文翻译:

童婚和家庭团聚:根据《欧洲人权公约》和荷兰《防止强迫婚姻法》进行的分析

荷兰《防止强迫婚姻法》旨在通过不再承认在国外缔结的童婚为合法婚姻来防止所谓的童婚与其在荷兰境内的丈夫的家庭团聚。虽然可以争辩说,荷兰有义务不承认在国外缔结的童婚,但《强迫婚姻预防法》是否符合其他人权义务值得商榷。本文分析了童养媳在家庭团聚申请被拒绝的情况下是否违反了《欧洲人权公约》第8条和第3条的规定。尽管未成年配偶很可能居住在荷兰境外,但家庭团聚程序仍将她置于其管辖范围内,
更新日期:2020-02-07
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