Il contrasto ai matrimoni infantili e precoci, tra universalismo e relativismo dei diritti umani: sull’incostituzionalità del Gesetz zur Bekampfung von Kinderehen

In the family sphere many precepts of a traditional and religious nature retain their operativeness, applying, to individuals and communities and acquiring, in some jurisdictions, the status of applicable law or source of it. Customs and religions influence the cultural context in which family law rules operate, as well as the content of the related human rights. With its ruling on February 1, 2023, the German Constitutional Court declared the Gesetz zur Bekämpfung von Kinderehen of July 17, 2017 to be unconstitutional, insofar as it establishes the nullity of marriages involving minors under the age of sixteen, regardless of their validity under the applicable law. The decision is of undoubted significance from the standpoint of the balancing between the rights concerned and offers interesting insights in the perspective of the debate between universalism and relativism of human rights, with a specific focus on child and early marriage.