Polygamy conflicts with EU political order – ECtHR
The European Court of Human Rights (ECtHR) has ruled unanimously in AA v the Netherlands that Dutch authorities did not violate article 8 (right to respect for private and family life) of the European Convention on Human Rights when they refused residence permits for five children born from the applicant's polygamous marriages.
The court found (8 September) that the Netherlands had struck a fair balance between the applicant's family life and the state's interest in enforcing its immigration policy and public order.
Conflict with legal order
The court underlined the close connection between immigration policy and considerations of public order and reiterated that, in establishing an immigration policy that took family ties into consideration, a state could not be required to give full recognition to polygamous marriages that conflicted with their own legal order.
The ruling says that, because polygamy is outlawed across Council of Europe member States, governments enjoy a wide margin of appreciation and cannot be required to give legal recognition to polygamous marriages that conflict with their domestic legal order.
The Dutch authorities had offered the applicant, from Yemen, the option to choose or dissolve marriages to bring the polygamous situation to an end under domestic law, but he maintained all three marriages, the ruling explained.
He had eight children with his first wife, three children with his second wife, and two children with his third wife.
In October 2018, AA entered the Netherlands and applied for a temporary asylum residence permit, which was granted for five years.
At that time, his family members were all in Türkiye. In November 2023, he obtained a permanent asylum residence permit.
In July 2019, he applied for family reunification in respect of his first wife and all his children.
Immigration informed him that his polygamous marital situation with three women was contrary to public order in the Netherlands.
The court also noted that the children were residing safely with their mothers in Türkiye with temporary residence cards, access to education and healthcare, and no evidence of immediate danger or lack of protection from Turkish authorities.
The father could also maintain contact with them and visit them outside the Netherlands.