Finns det utrymme för barnäktenskap i Sverige? - En studie av barns möjlighet att samtycka till eller motsätta sig äktenskap

Sammanfattning: Child marriages and forced marriages are customs that are globally regarded as harmful and therefore actively opposed by the international community. In Swedish law, marriage is a matter for the concerned individuals only and the age limit for entering a marriage is 18 years. A child marriage originating in a foreign country is not recognized in Sweden if any of the spouses has ties to Sweden. A foreign child marriage without ties to Sweden is recognized here, unless one of the spouses was younger than 15 at the time of marriage. Forced marriages are never recognized under Swedish law. Many child marriages are also forced marriages and the differentiation between the two is therefore crucial. This essay seeks, using a traditional legal dogmatic method, answers to what constitutes such coercion as is stipulated in the provision on forced marriage and how a child's consent to marriage is to be judged legally. Also whether the Swedish provision can be considered to be satisfactory is discussed. For a marriage to be considered a forced marriage, it must be preceded by such coercion as is stipulated in the penal provision on duress or other obvious undue pressure. In this regard, normal practice seems to be to not consider how little pressure that is needed to influence a child's decision. In criminal law, however, also a milder degree of pressure can constitute such coercion as stipulated in the provision on marriage coercion. As for children's consent to marriage it may be questioned whether this should be considered valid. However, in view of the difficult boundary issues expected to arise if all child marriages as a principal rule would be denied recognition, such a regulation is considered not to be justified. In order for marriages, which are in practice to be considered as forced marriages to also be seen as such from a legal view, it is found that the current regulation should be reviewed.