Early Marriages and the Best Interest of the Child
by Maria G. Nikolova
Question(s) at stake
Whether cultural defence could outweigh the principle of the best interest of the child in cases prosecuting parents for the crime of facilitating early customary marriages.
Outcome of the ruling
The rights of the child take priority over customary or religious norms.
Country:
Official citation
Regional Court Haskovo, Judgement of 6 July 2017, Criminal Appeals Case (VNAHD) No. 269/ 2017 (Reshenie № 98/ 06.07.2017 g., VNAHD № 269/ 2017 / Решение № 98 от 06.07.2017 г., ВНАХД № 269/ 2017 г.)
Topic(s)
Keywords:
Best interests of the child Child marriage Customary marriage Sentencing Violation of duties of care or education
Tag(s):
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Maria G. Nikolova (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
Maria Nikolova is a lawyer specializing in women’s rights. As a doctoral candidate in the Department of Law & Anthropology, Nikolova is conducting research on criminal trials stemming from disputes in customary marriages among the Romani people in Bulgaria. The investigation is centred on Romani litigants’ own representations of their core complaints before the formal authorities. The study examines how the courts ‘make sense’ of the background story and ‘translate’ it into specific criminal charges.
Nikolova is also a contributor to the CUREDI legal database project (a database of European laws touching upon cultural and religious diversity), in which capacity she applies her expertise specifically to cases related to Roma and sexual violence.