INTRODUCTION

THE PROBLEM

Almost everyone will agree, regarding child marriage:

The difficulties arise when we start considering concrete measures. What should in fact be done, and how forcefully should we react? Is it enough to try to change long-term attitudes of some parents and relatives? Or must we change the law to make it quite clear to everyone that child marriages are never acceptable? But do we really mean “never”? What if a girl becomes pregnant and her religion prohibits her from giving birth without first getting married? Should there not be an exception for at least those cases?

What makes these questions particularly difficult is the fact that even if most of us agree that it is wrong for children to get married, there are many who believe that it is not necessarily so. The issue at stake is to a great extent a cultural phenomenon. It is a fact that in certain cultures child marriages are accepted, and even common. What conclusions should be drawn from that? Should we disregard those who have an “unacceptable” view from a majority standpoint? Or should we treat their view as equal to ours and refrain from intruding? Is it in fact discriminatory to interfere with “the view of other cultures”? Or should we act firmly based on majority values only? If we do, how do we show others the necessary respect? Or is there no need for that?

These questions touch on a legislative issue which is nowadays topical in Europe to a much greater extent than before: should the legislator take into consideration the fact that society is multicultural and that values are not as homogeneous as they used to be? Some say that “here we are all governed by the law of this country, no matter what we believe and what our values are, and the law should be the same for all of us”.