Barns rätt och äktenskapsåldern
En kritisk studie av svensk rätt i samband med de grundläggande principerna i barnkonventionen
LawChildrenRightsThe Convention on the Rights of the ChildAge of marriageThe best for the childDiskriminationRÄTTSVETENSKAP/JURIDIK
The Swedish rules for marrying in Sweden are different for swedish citizens and foreigners. A swedish citizen has to have permission from"Länsstyrelsen"to marry before the age of 18 but a foreigner may marry without permission at an age of 15, unless a higher age is required by the foreign law. The main question in this essay is if the swedish international law concerning the age of marriage is compatible with the Convention on the Rights of the Child and/or the Swedish Constitution. The comparison is based on mainly two questions: Primarily the Swedish international law is discussed concerning which marrying age is good for the child. Thereafter it is discussed whether it is discriminating to have different marrying ages for swedish and foreign citizens. The result is that 18 years is a suitable age for marrying after a comparison with other Swedish laws and the Convention on the Rights of the Child. Different age limits for swedish and foreign citizens could not be considered to be discriminating according to the Swedish Constitution, but on the other hand it is discriminating according to the Convention on the Rights of the Child.