The European Court of Human Rights (ECHR) ruled that member states of this body are not required to accept 13 children from three Yemeni marriages. This decision came after a complaint from a Yemeni asylum seeker living in the Netherlands, who could not use family reunification laws to bring children from his two other marriages that are not recognized under Dutch law.
Case Details
This asylum seeker, who is 56 years old, has three wives and 13 children from these marriages. He arrived in the Netherlands in 2018 and after receiving asylum, was allowed to bring one of his wives and eight of his children to the Netherlands. However, Dutch authorities rejected the entry of five other children born from his two other marriages, citing that "polygamy is prohibited in the Netherlands."
After failing in Dutch courts, this individual approached the Court of Justice in Strasbourg and claimed that this case is not about bringing in polygamy, but rather he only wishes to bring his remaining children. However, the court rejected this argument and stated that European countries can shape their immigration policies based on family relationships.
European Consensus on Polygamy
The court also noted that he could have divorced his other two wives, as Dutch authorities had suggested, but he refrained from doing so. It is also worth mentioning that one of his wives currently resides in the Netherlands with her children, but this did not affect the ruling. Judges in Strasbourg emphasized that "the prohibition of polygamy in all member states of the Council of Europe reflects a strong European consensus on this issue."
In this regard, member states of the Council of Europe have significant discretion to decide whether to grant family reunification rights to fathers and children born from polygamous marriages.
