WITHDRAWN—Administrative Duplicate Publication: Child marriage and family reunification: an analysis under the European Convention on Human Rights and Dutch Forced Marriage Prevention Act
| Date | 01 March 2020 |
| DOI | 10.1177/0924015917708384 |
| Author | Anne Wijffelman |
| Published date | 01 March 2020 |
| Subject Matter | Withdrawn articles |
WITHDRAWAL –
Administrative Duplicate
Publication: Child
marriage and family
reunification: an analysis
under the European
Convention on Human
Rights and Dutch Forced
Marriage Prevention Act
Wijffelman, A. (2017) 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. Epub ahead of print 7 May 2017.
Ahead of Print article withdrawn by publisher.
Due to an administrative error, this article was accidentally published Online First and in Volume
35 Issue 2 with different DOIs.
The correct and citable version of the article remains:
Wijffelman, A. (2017) Child marriage and family reunification: an analysis under the European
Convention on Human Rights of the Dutch Forced Marriage Prevention Act. Netherlands Quar-
terly of Human Rights 35(2): 104–121. DOI: 10.1177/0924051917708384
Netherlands Quarterly of Human Rights
2020, Vol. 38(1) NP4
ªThe Author(s) 2020
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0924051920906679
journals.sagepub.com/home/nqh
NQHR
NQHR
Article
WITHDRAWN—Administrative
Duplicate Publication: Child
marriage and family reunification:
an analysis under the European
Convention on Human Rights and
Dutch Forced Marriage Prevention Act
Anne Wijffelman
University of Amsterdam, Amsterdam, Netherlands
Abstract
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.
Keywords
child marriage, family reunification, European Convention on Human Rights, the right to respect
for family life, the prohibition of ill-treatment, Forced Marriage Prevention Act
Introduction
The Netherlands is increasingly confronted with refugees, primarily Syrian girls, who are legally
married in their country of origin, but are below the Dutch age of consent. Between July 2014 and
February 2016, the Dutch Immigration and Naturalisation Service registered approximately 210
Corresponding author:
Anne Wijffelman, University of Amsterdam, Amsterdam, 3905, Netherlands.
E-mail: annewijffelman@gmail.com
Netherlands Quarterly of Human Rights
2020, Vol. 38(1) NP63–NP80
ªThe Author(s) 2017
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0924015917708384
journals.sagepub.com/home/nqh
NQHR
NQHR
WITHDRAWN—Administrative Duplicate Publication
To continue reading
Request your trial