Child Marriage Crime in Sweden: A Complex Issue with Few Convictions
Sweden’s Child Marriage Act, enacted in 2020, criminalizes marriage involving anyone under the age of 18, regardless of consent, and carries a penalty of up to four years in prison. Despite its existence, only a handful of convictions have been secured. The complexities of these cases, often involving cultural sensitivities and reluctance to report to authorities, make investigations challenging. Two recent cases highlight the difficulties in prosecuting such crimes and the varied interpretations of the law.
One case involved a couple in Uppsala who received suspended sentences and community service for allowing their 17-year-old daughter to travel to Syria and marry her cousin. While the parents argued they were protecting their daughter, the court found them culpable for facilitating the underage marriage. Another case, in Vänersborg, resulted in a 10-month prison sentence for the parents and an 8-month sentence for the husband of a 15-year-old Afghan girl. This case, however, took a protracted path to justice, highlighting systemic challenges in addressing child marriage.
The Vänersborg case began with a teacher’s astute observation of the pregnant 15-year-old student and subsequent reporting to authorities. Despite the school’s concern and formal reporting, initial responses from social services and law enforcement were inadequate. The case was initially dismissed, demonstrating a lack of understanding of the Child Marriage Act. It was only after the school’s persistent appeals and a national review by the prosecutor’s office that the case was reopened. This underscores the critical role of educators in identifying and reporting potential child marriage cases and the need for consistent application of the law across agencies.
The parents in the Vänersborg case argued they married their daughter off to protect her from the Taliban, claiming a "state of necessity." However, the court rejected this defense, pointing to the immediate consummation of the marriage and the ongoing spousal relationship after arriving in Sweden, where the 18-year age limit was known. The court highlighted the parents’ inaction in dissolving the marriage upon reaching Sweden, indicating their acceptance of the union despite its illegality. This emphasizes the court’s recognition of the Child Marriage Act’s absolute nature, irrespective of cultural context or perceived justifications.
The young girl’s testimony revealed a complex situation. While she expressed love for her cousin and acknowledged her mother’s concern for her safety amidst the Taliban takeover, the girl’s desire to “forget everything that happened” and pursue her dream of becoming a doctor underscores the impact of child marriage on a child’s life trajectory. Her statement highlights the vulnerability of children in these situations and the potential for coercion, even within seemingly consensual unions. It also reinforces the importance of safeguarding a child’s right to education and a future free from the constraints of marriage.
The Child Marriage Act represents a significant step towards protecting children in Sweden. However, these cases expose the challenges in enforcement and the need for increased awareness among social services, law enforcement, and the judiciary. Effective implementation requires not only legal frameworks but also a societal shift in understanding the gravity of child marriage and its detrimental impact on a child’s well-being and future. The continued focus on education and training for professionals involved in child protection is essential to ensuring consistent application of the law and providing appropriate support for victims. Furthermore, encouraging community reporting and addressing cultural sensitivities surrounding marriage practices are crucial in effectively combating child marriage and safeguarding children’s rights.
