The scandal surrounding “marriage at 14”: what was actually proposed and why the norm was decided to be removed
6 February 17:25
A wave of criticism erupted on social media and in the media in Ukraine over claims that the new draft Civil Code allegedly provides for lowering the marriage age to 14.
Amid public outcry, the Verkhovna Rada publicly responded to the accusations and announced changes to the document.
Parliament Speaker Ruslan Stefanchuk said that this interpretation of the bill’s provisions was not true, but acknowledged that the provision had been perceived ambiguously and therefore it had been decided to remove it, according to "Komersant Ukrainian".
What provision was in question
According to Stefanchuk, the draft of the new Civil Code did not mention a general reduction in the age of marriage.
It referred to an exceptional provision, according to which:
- in the event of the birth of a child to a person who has reached the age of 14, or
- in the event of her pregnancy, marriage could be permitted exclusively by court decision.
The speaker emphasized that this provision was not intended to be incentivizing and did not encourage early marriages.
Arguments of the authors of the bill
The Verkhovna Rada explained that the provision had a protective purpose — to ensure the interests of a child who was born or was to be born.
As Stefanchuk noted, the logic of the provision was based on the principle known in international law as “the best interests of the child” — so that the child would not be left without one of its parents and would have the chance to be raised in a family.
That is why, according to the authors’ plan, strict safeguards were put in place:
- clearly defined grounds;
- mandatory court decision.
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Why the norm was decided to be removed
Despite the legal arguments, parliament recognized that the public reaction was sharply negative.
After discussions, the working group working on the new Civil Code decided to
- remove the controversial provision from the draft;
- to leave the current regulation in place.
“This provision will not be included in the draft,” Stefanchuk concluded, adding that the fate of nearly two thousand articles of a fundamental bill cannot be made dependent on the perception of a single provision.
What rules are currently in force
Currently, in Ukraine, according to the Family Code, the marriageable age for women and men is 18 years.
Exceptions are possible only:
- by court decision;
- for a person who has reached the age of 16;
- if it is proven that this is in their best interests.
No changes to this rule are currently planned.
Read also: Marriage instead of prison: will marriage to a 14-year-old become a legal solution for pedophiles?
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