Validity of Child Marriages of Syrians Under Temporary Protection in Comparative and Turkish Law

Abstract

Due to the increasing numbers this article focuses on the legal aspects of child marriages contracted by Syrians under "temporary protection" in Turkey. In this context, the legal issues regarding the determination of applicable law to the validity of child marriages conducted in Turkey or abroad by the Syrians will be investigated within the framework of Turkish Private International Law with a comparative law perspective. Among these legal issues, special emphasis will be put on the governing law of the personal status of Syrians in Turkey since they are granted "temporary protection status" and not recognized as "refugees" under Turkish law. Another special emphasis will be put on the public policy (ordre public) exception during the application of Syrian law and rules on marriage age and the role of "the protection of the best-interests-of-the-child" principle. Furthermore the impact of the non-recognition of child marriages will be explored in the context of "the right to respect for family life" of ECHR Art 8. In addition, the legislative measures recently adopted to combat and prevent the recognition of child marriages under Swiss, Dutch and German laws will be revealed. These legislative measures, especially those aimed at eliminating the public policy exception in determining the applicable law to the validity of child marriages contracted abroad will be analyzed. An evaluation will be reviewed to decipher whether they can be considered as the next steps to be adopted by Turkish law.