Countries have no duty to admit 13 children from 3 marriages in Yemen, rules top human rights court

Many EU countries have allowed migrants to bring second and even third wives in the past

Building of the European Court of Human Rights / ECtHR at Strasbourg, France. (Photo by: Arterra/Universal Images Group via Getty Images)
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A Yemeni asylum seeker living in the Netherlands cannot rely on family reunification rules to bring over children from two additional marriages that Dutch law does not recognize, ruled the European Court of Human Rights (ECHR). The ECHR dismissed the migrant’s complaint on Tuesday, holding that Council of Europe states are not required to treat polygamous family arrangements as they would a monogamous household.

The man, 56, has three wives and 13 children from those unions. After arriving in the Netherlands in 2018 and receiving asylum, he was allowed to bring one wife and their eight children.

Dutch authorities refused entry to the five children born of his other two marriages, citing that “polygamy is prohibited in the Netherlands.”

He lost his challenges in the Dutch courts and then turned to Strasbourg, according to French newspaper Le Figaro. He argued the case was not about importing polygamy, because he was not seeking to bring the other two wives, only the remaining children. The court rejected the argument that the refusal violated his right to respect for family life.

If a European state “establishes an immigration policy that takes family ties into account,” it “cannot be obliged to recognize polygamous marriages that conflict with its own legal system,” the judges in Strasbourg ruled.

The court also noted that he could have divorced the two other wives, as Dutch authorities had proposed, but declined to do so.

“The fact that polygamy is prohibited in all member states of the Council of Europe shows that there is a strong European consensus on this issue,” the judges noted. Under those circumstances, “Member States have considerable discretion as to whether or not to grant fathers and children born of polygamy the right to family reunification.”

The ECHR, based in Strasbourg, oversees compliance with the European Convention on Human Rights by the member states of the Council of Europe.

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