Should right to live in a marriage include underaged people

Reference no: EM132658474

Child Marriage

Since 1973, marriages where one or both parties is underage, have been banned in Sweden. However, it has been possible under some circumstances to get special dispensation. The legislation was updated on January 1st 2019 and reinforced in July 1st. Even though underage marriages now are illegal the phenomenon still exists. If a marriage has been conducted outside Sweden and if one of the parties is under the age of 18 when entering Sweden, the couple can apply for exceptions from the regulations and apply to have the marriage validated under Swedish law. There are certain regulations connected with exceptions. For example, both parties have to be over the age of 18 when they apply for marriage registration in Sweden. The couple also have to have been married before January 1st 2019, or are able to claim "exceptional reasons" for validation. Exceptional reasons can for example be that an invalid marriage can result in serious consequences for both parties. This latter reason for exemption has caused political debate since it gives room for different interpretations of the law.

In light of the conflicting ambitions of protecting children and the right of the individuals to live according to their own wishes to choose their own partner and lifestyle - Should the right to live in a marriage include underaged people? And if there are special reasons; what kind of reasons could there be?

Use the following theoretical approaches to assess and critically discuss:

Minority Right perspective,
Individual right perspective

The word limit is set to 2000 words +-10%, exclusive reference list. Please, use Word Count. Make sure that you give explicit references to the literature. You may use e.g. the Harvard system, with references in parentheses, e. g (Anderson 1991, p. 22), or the Oxford system with references in footnotes. Quotes must be indicated clearly with quotation marks or indentation. When referring to a text in an edited volume, you refer to the author, not only the editor. Collect all your sources in a list of references at the end.

Reference no: EM132658474

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