Recognition of Child Marriages in Sweden : A study regarding Swedish international private law, the European Convention on Human Rights and the EU

This thesis aims to examine the Swedish regulation regarding recognition of child marriages concluded abroad, and its coherence with the European Convention on Human Rights and the EU. Since an amendment to the Swedish law, which became effective on January 1st 2019, marriages concluded abroad by people, who at the time of their marriage were below the age of 18, will not be recognised in Sweden unless there are exceptional circumstances. If the person is still under the age of 18 when the question of recognition arises there are no exceptions to the non-recognition. This can be seen as a continuation of a development restricting the rules of recognition of child marriages that has been shaping the legislation for the last 20 years. According to the legislative history, the new amendment to the law aims to protect the child from marriage, treat all children equally, independent of their origin, as well as make Sweden a role model in the international community regarding child marriages. These objectives can all be questioned. The two first-mentioned objectives will most likely not be fulfilled by this legislation. The European Convention on Human Rights protects, among other rights, the right to marry, the right to not be discriminated against and the right to family life. The Swedish law leaves small room for exceptions. This makes it questionable whether Swedish regulation fulfils the demands of the proportionality principle, which is a fundamental principle of the European Convention of Human Rights. In the EU, the rules of marriageable age differ between different countries. Most countries allow people below the age of 18 to get married with the consent of either the authorities or their parents. In the Swedish regulation there are no exceptions for EU citizens. This means that the Swedish regulation might be in conflict with the rules on free movement as well as the principle of mutual recognition. The conclusions drawn are that on the basis of the purpose of the law as well as its coherence with Sweden’s international commitments the law regarding recognition of child marriages is questionable.