Utländska barnäktenskap ur ett svenskt perspektiv : En undersökning av Sveriges inställning till icke-erkännande av utländska barnäktenskap - i ljuset av EU-rätten och Europakonventionen

Sammanfattning

More than 650 million women in the world have entered marriage as children. Every year, about 12 million girls get married before their 18th birthday. Getting married as a child is common in several different parts of the world and a large part of the people who have come to Sweden in recent years come from countries where child marriage is allowed. This has meant that some of the children who have come to Sweden are married. The Swedish legal system has thus had to take a position on both areas of law as well as legal conditions that deviate from the Swedish ones in important respects. The question of international private law regarding how Sweden should relate to these legal relations entered into in foreign states has thus become increasingly relevant. Child marriage is often linked to oppression and violence against women, and over time, Swedish legislation has taken an increasingly restrictive approach to both Swedish child marriage and child marriage entered into abroad. Today, the Swedish assessment is harsh – The Supreme Administrative Court confirmed in the case HFD 2012 ref 17 that not even foreign child marriages entered into a few days before the parties’ 18th birthday are recognized in Sweden. The attitude to foreign child marriage is certainly based on a desire to protect the child and protect its best interest, but the attitude has received criticism as it has been considered contrary to both the free movement of the EU and the right to respect for private and family life in the European Convention. Even from an international private law perspective, it is clarified by the principle of loyal application that Sweden and other countries must respect the legal systems of other states in their application of law. A decision made in accordance with the legal system in another country shall thus apply in Sweden, provided that it was valid in the country where it was entered into. This essay examines the international private law issue of Sweden’s attitude to foreign child marriage from an EU law and convention law perspective. The conclusions drawn are that it is doubtful whether the Swedish regulation in this area is compatible with Sweden’s international commitments.