- Courts should now be able to declare marriages invalid up to the age of 25 for a person married underage. The Council of States is unanimously in favor of the Federal Council’s proposal.
- The general non-recognition of domestic and foreign marriages with minors under the age of 16 also meets with approval.
- All forced marriages should in future be punished under criminal law, regardless of whether they are civil or religious marriages. The bill was approved unanimously by 42 to zero and went to the National Council.
The Council of States has unanimously voted for improved measures against marriage of minors. In the future, courts should declare such marriages invalid even after the age of 18 up to the age of 25.
Only Marianne Binder-Keller (Center/AG) expressed concerns about the planned exceptions under which a marriage under a minor should remain valid. Namely if the court comes to the conclusion that continuing the marriage is in the overriding interest of the person concerned.
Double rights?
There is a double law here, because such a marriage would never be tolerated between Swiss people, says Binder. A loophole is being created. “This is a circumstance that we cannot and do not want to change,” replied commission spokesman Daniel Jositsch (SP/ZH). Because Swiss law only applies in Switzerland, and Switzerland must be able to deal with foreign law.
It makes no sense to ban this in Switzerland if you get married again three months later.
Law professor Jositsch cited the so-called “summer holiday marriages” as an example and emphasized that in certain European countries 17-year-olds are allowed to marry according to their country’s law. “It makes no sense to ban it in Switzerland if you get married again three months later.” Binder did not submit an application, but, citing the concerns of numerous aid organizations, expressed the hope that the sister commission would examine this aspect again.
Legend:
“Summer holiday marriages”: The marriage of young people from Switzerland during the summer holidays in their home country remains a delicate problem.
Imago/Sipa/Anthony Behar
In addition to the changes requested by the Federal Council, the Council of States also spoke out in favor of a legal change in the Criminal Code regarding forced marriages. Forced marriages should now be punishable under criminal law, regardless of whether they are civil or religious forced marriages.
350 suspected cases between 2013 and 2017
Forced marriages and marriages with minors have become more widely known to the general public in recent years. In Switzerland, authorities counted a total of around 350 suspected cases of invalid marriages due to coercion or being underage in a survey between 2013 and 2017.