The government has agreed to scrap exceptions to the marriageable age of 18 and extend the marriage ban to relatives up to the fourth line. Among other things, the special permit allowing marriage from the age of 16 with parental consent will be abolished.
Additionally, marriages between cousins and nieces and nephews and uncles and aunts are not permitted. This also applies to registered partnerships. For Justice Minister Alma Zadiq (Greens), it was a “contribution to the fight against forced marriages”. Family Minister Susanne Raab (ÖVP) also spoke of “major action against child and forced marriages”.
Actions for that have already been included in the government plan, but are yet to be implemented. Just last week, the ÖVP and the Greens blamed each other for this.
What is currently applicable
Currently, marriage is generally only permitted from the age of 18. However, those aged 16 and above are allowed to marry even if the court declares them fit to marry on their application. This should be done if the prospective spouse is already of age and the minor seems ready for marriage (without examining the content); This requires the consent of the legal representative.
If consent is refused, the court may reverse it if there are no reasonable grounds for this. These exceptions have now been removed. The reason for the removal was, among others, UNICEF’s demand for a universal marriage age of 18.
In cases of marriages of minors or close relatives abroad, the courts must check whether these should be recognized in Austria.
SPÖ and NEOS welcome the changes
The changes are welcomed by SPÖ and NEOS. “Better late than never,” SPÖ children’s rights spokesman Christian Axonich said in a broadcast about the coalition agreement. Germany already took this path in 2017.
NEOS Youth Spokesperson Yannick Shetty was delighted that “our years of pressure has worked and the Greens have finally abandoned their blockade stance”. But now we have to deal with the “much bigger” problem of forced marriages, for which young women in particular are taken abroad in the summer.
