Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage
JOURNAL ARTICLE
Cite JOURNAL ARTICLE
Style
Format
Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage
German Yearbook of International Law, Vol. 67(2024), Iss. 1 : pp. 419–432 | First published online: June 24, 2025
Additional Information
Article Details
Pricing
Author Details
NA Annika Knauer, Max Planck Institute for Comparative Public Law and International Law 69120 Heidelberg, Germany
- Research Associate and Doctoral Candidate
- ORCID profile
- Search in Google Scholar
Abstract
Abstract: This article analyses Germany’s interpretation of the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the context of child marriage. In 2023, the German Constitutional Court declared parts of the ‘Law to Combat Child Marriage’ (LCCM) unconstitutional, challenging the law’s rule on absolute non-recognition of marriages involving spouses under the age of 16. Central to the judgment was the meaning of the ‘best interest of the child’ under Article 3(1) and Article 12(1) CRC, and whether international law demands case-by-case assessments. The article examines the Court’s interpretation of ‘no legal effect’ for child marriages under Article 16(2) CEDAW, its divergence from the views of treaty bodies, and the much-criticized response of lawmakers when they adopted the new ‘Law for the Protection of Minors in Cases of Foreign Marriages’ (LPM) in 2024. It situates Germany’s evolving position within the international debate on combating child marriage while safeguarding the rights and agency of particularly girls.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Annika Knauer\nWhose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage | 419 | ||
| I. Forced to Trade Childhood for Adulthood | 419 | ||
| II. International Standards with Regards to Child Marriage | 421 | ||
| A. What is a ‘Child Marriage’? | 421 | ||
| B. The ‘Best Interest of the Child’ – an Opaque Concept? | 423 | ||
| III. The German Amendment in the Law to Combat Child Marriage (LCCM) | 425 | ||
| IV. The Decision of the German Constitutional Court | 426 | ||
| A. Background | 427 | ||
| B. The Arguments | 427 | ||
| C. The German Interpretation of CEDAW and CRC | 428 | ||
| 1. ‘No Legal Effect’ for Child Marriages Under Article 16(2) CEDAW | 428 | ||
| 2. The ‘Best Interest of the Child’ Under Articles 3(1) and 12(1) CRC | 429 | ||
| V. Further Developments | 431 |