European Court upholds Dutch ban on polygamous family reunification, excluding five children
The European Court of Human Rights ruled that the Netherlands can lawfully deny entry to five children from a man's second and third marriages, upholding its prohibition of polygamous family reunification.
A Yemeni man identified as A.A. challenged Dutch authorities for rejecting the admission of five children from his second and third wives, arguing that the denial violated his right to family life. He did not request entry for the mothers. The European Court of Human Rights unanimously dismissed the complaint, confirming that the Netherlands' ban on polygamy and its broad discretion in immigration matters are compatible with human-rights standards.
The judges highlighted that the children, residing with their mothers in Turkey and holding temporary residence cards, have not suffered violence and can maintain contact with their father. Dutch officials said the judgment validates national policy, while scholars warned of unequal outcomes for the children and women and questioned the wide use of the margin of appreciation doctrine. The ruling is not final; either side may seek a Grand Chamber review within three months.
Why it matters
The decision sets a precedent for how European human-rights law balances family rights with immigration rules in polygamous situations.
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