This chapter reflects on a specific aspect of migration issues, i.e. the manner and extent to which the prohibition of child marriages as af-firmed at the international level can limit family reunification in the European Union. This chapter argues that the prohibition of forced child marriages always constitutes a limit to family reunification, even when the spouse, sponsor, or both, has reached the minimum age for reunification. Moreover, it is contended that child marriages are forced—hence not a ground for family reunification—in all cases in which they constitute gender-based violence against women and girls, as defined at the international level: this is the case of a marriage between a girl and a male adult. To support the main argument, this chapter relies on the recent Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) of 2011, which the EU has signed but not yet ratified. The Convention enshrines pivotal provisions prohibiting forced marriages, and these can be applied in cases of child marriages.

Against a girl's will: Child marriages, immigration and the Directive on Family Reunification

Sara De Vido
2019

Abstract

This chapter reflects on a specific aspect of migration issues, i.e. the manner and extent to which the prohibition of child marriages as af-firmed at the international level can limit family reunification in the European Union. This chapter argues that the prohibition of forced child marriages always constitutes a limit to family reunification, even when the spouse, sponsor, or both, has reached the minimum age for reunification. Moreover, it is contended that child marriages are forced—hence not a ground for family reunification—in all cases in which they constitute gender-based violence against women and girls, as defined at the international level: this is the case of a marriage between a girl and a male adult. To support the main argument, this chapter relies on the recent Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) of 2011, which the EU has signed but not yet ratified. The Convention enshrines pivotal provisions prohibiting forced marriages, and these can be applied in cases of child marriages.
Fundamental Rights and Best Interests of the Child in Transnational Families
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/3720956
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