Child Marriage Act 2020
-
Following Councillor Shakur's statements, I have altered and expanded upon my amendments thus:
Amendment I
Erradication ofChild Marriage Act 2020Amendment II
Preamble
Child marriage puts our European girls' lives and health at risk, and limits their future prospects. Girls who are forced into marriage often become pregnant while still teenagers, increasing the risk of complications during pregnancy or childbirth. These complications are the leading cause of death among older adolescents.
The purpose of this Act is to protect the physical and moral integrity of minors, guarantee their full development, and prohibitingthe marriage or union of any young personunder 18 years of age.Amendment III
DEFINITIONS
I. Age Majority/Full Age: Condition to determine the full capacity to act of the person that consists in reaching a chronological age established from birth. The figure is motivated by the need for the person to have acquired sufficient intellectual and physical maturity to have a valid will to perform some acts that she could not previously due to her previously mentioned shortcomings. In much of the world, the age from which an individual is considered fully capable is usually between 18 and 21 for men and 18 for women.
When a person reaches the age of majority, it is presumed that they have full capacity to act, unless there is some type of legal incapacity. From that age of majority, responsibilities and obligations are acquired, but also greater rights and privileges such as the right to marry.
II. Child Marriage: Child marriage is any formal marriage or informal union where one or both of the parties are under 18 years of age.
SECTION I - MODIFICATION OF NATIONAL JURIS
I. The purpose of this Act is to modify internal member nations articles of their respectives Corpus Juris and or Civil Code, which regulate the capacity and
consent to marriage, prohibiting marriage in minors under 18 years of age.Amendment III
SECTION II- ABILITY TO MARRIAGE OR UNION
I. Onlypeoplepersonsover18 years of age and olderwill have the capacityshall be allowed to marry, or be in a marriage or civil unionunionship in the European Union, with the sole exception that:
i) Persons 16 or 17 years of age shall be allowed to marry, or be in a marriage or civil union as long as they receive consent from a parent or legal guardian.
II. It shall be an illegal and punishable offence to practice services involving the marriage or legal union of persons under the age of 18, unless the persons are 16 or 17 years of age and both have the consent of a respective parent or legal guardian.Amendment IV
SECTION III - IMPLEMENTATION, ENFORCEMENT AND PROTECTION
I. Member states shall close effective inmediatly all national offices involving the marriage of minors after the passage of this Act.
II. It shall be an illegal and punishable offence in all member states to permit cohabitation between people under 18 years of age with adults.
III. It shall be an illegal and punishable offence in all member states to provide or practice services involving the marriage or union of minors.
I. Breaches of this Act shall be considered a punishable offense in member states. Failure of member states to enforce this Act may be tried in the European Court of Justice.
IVII. All member states of the European Union are required to adjust their national law(s) with this Act effectiveinmediatlyin 6 months time from its approval by the European Council.Edward Firoux
Council Speaker and Councillor for Inquista -
Please clarify Amendment III SECTION I part II, It shall be an illegal and punishable offence to practice services involving the marriage or legal union of persons under the age of 18, unless the persons are 16 or 17 years of age and both have the consent of a respective parent or legal guardian. Are we permitting marriage with minors under consent form a guardian or parent? In that case I do not endorse this amendment.
Emma Granger
Councillor for Montenbourg -
Mrs Emma i understand your position on leting minors to get married with a parent consent, because thats what you want to erradicate with this act but i dont share it, many times the teens of 16 or 17 years, believe they founf the true love and want to start a life with that person, and i think they should be able to do what they want, but i would add that there should be consent by the two persons getting married and prove they are not being forced to do it.
Adam Karlssen
Councillor for Mennrimiak -
Councillor Karlssen, your argument with all due respect is what permits that child marriges continue....At the end is not true love is a forced child marriage which is the result of domestic violence, the expectation of emancipation or the opportunity for negotiation that families establish as an opportunity to escape poverty. When we accept exceptions we are permitting perversion.
Some girls see marriage as a way out of violent family homes, only to be abused by their husbands. Girls also chose to leave home early because of what they saw as a lack of emotional involvement from their parents, and this doesn't mean that is love, it means that is forced.
We need to delay marriage or childbirth to break the cycle of poverty and have a better future for all europeans, and defend the rights of our kids to have a better life.
Emma Granger
Councillor for Montenbourg -
Cllr Karlssen is right, and I'm glad that Cllr Firoux has amended his amendment to include provisions for 16-17 year olds. Many jurisdictions, for many issues, including marriage, do not recognise 16-17 year olds as 'minors'; and, of course, many jurisdictions also in some instances count anyone up to the age of 21 as a 'minor'. There's a clear consensus that people under 16 are minors, and people over 21 are full adults; but I think it is best that we allow member states to decide what to do within that window.
I'd also point out to Cllr Granger that Pravoslaviya, and I would imagine every member state – put your hand up if not – already has laws against forced marriages.
Cllr Tupac Shakur
-
"For many of the reasons Councillors before me have mentioned I support this act, I would however prefer that an amendment be included into the series that Speaker Firoux has so graciously produced that clarifies the position for states whose age of full legal adulthood may be different than the 'European' norm.
Vayinaod's age of majority is 17 years of age, and I can not support an act where their rights will be reduced. Cllr. Shakur is correct in that there is a consensus that anyone under 16 is a minor, and anyone over 21 is an adult thus far. We need the age to reflect this gray area where there is differing status's among European nations.
It should be noted that Vayinaod only does marriages under the age of 18 to Vardic citizens after some high-profile 'marriage tourism' cases by some lovestruck teens, as well as a sex trafficking ring. This could be incorporated in the act that states with a different age of majority, if below 18, should deny it to non-citizens."
Carita Falk
Archrepublic of Vayinaod -
The Union of Duxburian Dominions continues to refuse to recognize other nations' ages of majority within our own borders. Changing our age of majority would require major restructuring of Duxburian society which is neither welcome nor feasible. It's not the EU's place to tell us what a minor is, or a prov adult, or a full adult, within reason.
15 to gain the status of a provisional and 20 to gain status of majority has worked well for us, especially in an education system that needs extra time to prepare teenagers for the rigors of succeeding in our tough, pressure-cooker of a society. Failure to succeed here is every bit the equivalent of being a minority in a society that discriminates based on skin color or having a same-sex preference in a society that discriminates against same-sex preferences. Waiting until 16, 17, 18 leaves insufficient time for teenagers to learn their new responsibilities before full adulthood hits and the workforce or the military comes calling.
We withhold the contract of marriage until full majority at 20. If you are too young to die for our country, you are too young to get hitched. Since our age of majority exceeds 18, we are not very invested in the outcome of this legislation and object only on its disregard for national ages of majority.
Wesley Greene
Councillor of the Duxburian Union -
I see that nations have different sets of standards when it comes to age majority and minority. So, therefore I would like to propose the following amendments:
Amendment V:
DEFINITIONS
I. Age Majority/Full Age: Condition to determine the full capacity to act of the person that consists in reaching a chronological age established from birth. The figure is motivated by the need for the person to have acquired sufficient intellectual and physical maturity to have a valid will to perform some acts that she could not previously due to her previously mentioned shortcomings.In much of the world, the age from which an individual is considered fully capable is usually between 18 and 21 for men and 18 for women.This age may be regulated by the national laws of the country.When a person reaches the age of majority, it is presumed that they have full capacity to act, unless there is some type of legal incapacity. From that age of majority, responsibilities and obligations are acquired, but also greater rights and privileges such as the right to marry.
II. Child Marriage: Child marriage is any formal marriage or informal union where one or both of the parties are under
18 years of agethe age of majority in their country.Amendment VI:
SECTION I - MODIFICATION OF NATIONAL JURIS
I. The purpose of this Act is to modify internal member nations articles of their respectives Corpus Juris and/or Civil Code, which regulate the capacity and
consent to marriage, prohibiting marriage inminors under 18 years of agepersons under the age of majority in his/her country.
II. Member-states are not required to modify their respective Corpus Juris and/or Civil Code to change their national standards for age majority and minority.Amendment VII:
SECTION II - ABILITY TO MARRIAGE OR UNION
I. Only peopleover 18 years of age will have the capacitythat meet or have met the age of majority in their country are not prohibited to marry or be in unionship in the European Union.Amendment VIII:
SECTION III - IMPLEMENTATION, ENFORCEMENT AND PROTECTIONI. Member states shall close effective immediately all national offices involving the marriage of minors after the passage of this Act.
II. It shall be an illegal and punishable offence in all member states to permit cohabitation between people under
18 years of agethe age of majority withadultspeople that meet or have met the age of majority in their respective country.III. It shall be an illegal and punishable offence in all member states to provide or practice services involving the marriage or union of minors.
IV. All member states of the European Union are required to adjust their national law(s) with this Act effective immediately from its approval by the European Council.
V. All member-states shall inform the Premier Commissioner within a week from this act's approval in the European Council on the age of majority regulated by their national laws. Any changes shall also be informed to the Premier Commissioner.
VI. Breaches of this Act shall be considered a punishable offense in member states. Failure of member states to enforce this Act may be tried in the European Court of Justice.
Friedrich van Allen
Councilor, Kingdom of Reitzmag -
Debate is now over. It is time to vote on amendments. Voting on amendments begins NOW and will last until 07:30 GMT on August 15th, 2020. There are 9 amendments to be voted upon.
When voting, keep in mind that Amendment III clashes with both VI and VII, Amendments IV and and VIII clash, and Amendments V and IX clash. The amendments are thus:
Amendment I - Authored by Cllr. Firoux
Erradication ofChild Marriage Act 2020Amendment II - Authored by Cllr. Firoux
Preamble
Child marriage puts our European girls' lives and health at risk, and limits their future prospects. Girls who are forced into marriage often become pregnant while still teenagers, increasing the risk of complications during pregnancy or childbirth. These complications are the leading cause of death among older adolescents.
The purpose of this Act is to protect the physical and moral integrity of minors, guarantee their full development, and prohibitingthe marriage or union of any young personunder 18 years of age.Amendment III - Authored by Cllr. Firoux
DEFINITIONS
I. Age Majority/Full Age: Condition to determine the full capacity to act of the person that consists in reaching a chronological age established from birth. The figure is motivated by the need for the person to have acquired sufficient intellectual and physical maturity to have a valid will to perform some acts that she could not previously due to her previously mentioned shortcomings. In much of the world, the age from which an individual is considered fully capable is usually between 18 and 21 for men and 18 for women.
When a person reaches the age of majority, it is presumed that they have full capacity to act, unless there is some type of legal incapacity. From that age of majority, responsibilities and obligations are acquired, but also greater rights and privileges such as the right to marry.
II. Child Marriage: Child marriage is any formal marriage or informal union where one or both of the parties are under 18 years of age.
SECTION I - MODIFICATION OF NATIONAL JURIS
I. The purpose of this Act is to modify internal member nations articles of their respectives Corpus Juris and or Civil Code, which regulate the capacity and
consent to marriage, prohibiting marriage in minors under 18 years of age.Amendment IV - Authored by Cllr. Firoux
SECTION II- ABILITY TO MARRIAGE OR UNION
I. Onlypeoplepersonsover18 years of age and olderwill have the capacityshall be allowed to marry, or be in a marriage or civil unionunionship in the European Union, with the sole exception that:
i) Persons 16 or 17 years of age shall be allowed to marry, or be in a marriage or civil union as long as they receive consent from a parent or legal guardian.
II. It shall be an illegal and punishable offence to practice services involving the marriage or legal union of persons under the age of 18, unless the persons are 16 or 17 years of age and both have the consent of a respective parent or legal guardian.Amendment V - Authored by Cllr. Firoux
SECTION III - IMPLEMENTATION, ENFORCEMENT AND PROTECTION
I. Member states shall close effective inmediatly all national offices involving the marriage of minors after the passage of this Act.
II. It shall be an illegal and punishable offence in all member states to permit cohabitation between people under 18 years of age with adults.
III. It shall be an illegal and punishable offence in all member states to provide or practice services involving the marriage or union of minors.
I. Breaches of this Act shall be considered a punishable offense in member states. Failure of member states to enforce this Act may be tried in the European Court of Justice.
IVII. All member states of the European Union are required to adjust their national law(s) with this Act effectiveinmediatlyin 6 months time from its approval by the European Council.Amendment VI - Authored by Cllr. Van Allen
DEFINITIONS
I. Age Majority/Full Age: Condition to determine the full capacity to act of the person that consists in reaching a chronological age established from birth. The figure is motivated by the need for the person to have acquired sufficient intellectual and physical maturity to have a valid will to perform some acts that she could not previously due to her previously mentioned shortcomings.In much of the world, the age from which an individual is considered fully capable is usually between 18 and 21 for men and 18 for women.This age may be regulated by the national laws of the country.
When a person reaches the age of majority, it is presumed that they have full capacity to act, unless there is some type of legal incapacity. From that age of majority, responsibilities and obligations are acquired, but also greater rights and privileges such as the right to marry.
II. Child Marriage: Child marriage is any formal marriage or informal union where one or both of the parties are under18 years of agethe age of majority in their country.Amendment VII - Authored by Cllr. Van Allen
SECTION I - MODIFICATION OF NATIONAL JURIS
I. The purpose of this Act is to modify internal member nations articles of their respectives Corpus Juris and/or Civil Code, which regulate the capacity and
consent to marriage, prohibiting marriage inminors under 18 years of agepersons under the age of majority in his/her country.
II. Member-states are not required to modify their respective Corpus Juris and/or Civil Code to change their national standards for age majority and minority.Amendment VIII - Authored by Cllr. Van Allen
SECTION II - ABILITY TO MARRIAGE OR UNION
I. Only peopleover 18 years of age will have the capacitythat meet or have met the age of majority in their country are not prohibited to marry or be in unionship in the European Union.Amendment IX - Authored by Cllr. Van Allen
SECTION III - IMPLEMENTATION, ENFORCEMENT AND PROTECTION
I. Member states shall close effective immediately all national offices involving the marriage of minors after the passage of this Act.
II. It shall be an illegal and punishable offence in all member states to permit cohabitation between people under18 years of agethe age of majority withadultspeople that meet or have met the age of majority in their respective country.
III. It shall be an illegal and punishable offence in all member states to provide or practice services involving the marriage or union of minors.
IV. All member states of the European Union are required to adjust their national law(s) with this Act effective immediately from its approval by the European Council.
V. All member-states shall inform the Premier Commissioner within a week from this act's approval in the European Council on the age of majority regulated by their national laws. Any changes shall also be informed to the Premier Commissioner.
VI. Breaches of this Act shall be considered a punishable offense in member states. Failure of member states to enforce this Act may be tried in the European Court of Justice.
I vote FOR Amendments I, II, III, IV and V. I vote AGAINST Amendments VI, VII, VIII and IX.
Edward Firoux
Council Speaker and Councillor for Inquista -
I vote FOR Amendments I, II, VI, VII, VIII and IX.
Friedrich van Allen
Councilor, Kingdom of Reitzmag -
I vote FOR Amendments I, II, III, IV and V. I vote AGAINST Amendments VI, VII, VIII and IX.
Donald D. Tusk
Councillor for Spain -
I vote FOR amendement I, V, VII, VIII and IX. I vote AGAINST amendement II, III, IV and VI.
Mrs. Azaya Dubecq
EU Councilor for the Republic of Nofoaga -
I vote FOR Amendments I, II, III, IV, and V, and AGAINST all other amendments.
Sir Augustus Barrington
Empire of Inimicus -
I vote FOR Amendments I, II, III, IV and V. I vote AGAINST Amendments VI, VII, VIII and IX.
Emma Granger
Councillor for Montenbourg -
I vote FOR Amendments I, II, III, V, and VIII.
I vote AGAINST Amendments IIII, VI, VII, and VIIII.Wesley Greene
Councillor of the Duxburian Union -
On behalf of the Archrepbulic of Vayinaod, I ABSTAIN on all proposed amendments.
-
On behalf of the United Kingdoms of Mennrimiak i ABSTAIN on all amendments
Adam Karlssen
Councillor for Mennrimiak -
I vote FOR Amendments I, II, III, IV, and V.
I vote AGAINST Amendments VI, VII, VIII, and IX.Charles Michel
Councillor for the Kingdom of Fremet
-
I vote FOR Amendments I, II, III, IV and V. I vote AGAINST Amendments VI, VII, VIII and IX.
Francis Plessis
EU Councilor for Leagio -
Voting on amendments is now over.
With 8 votes for, Amendment I has PASSED. With 7 votes for and 1 vote against, Amendment II has PASSED. With 6 votes for and 1 vote against, Amendment III has PASSED. With 5 votes for and 2 votes against, Amendment IV has PASSED. With 7 votes for, Amendment V has PASSED.
With 1 vote for and 7 votes against, Amendment VI has been REJECTED. With 2 votes for and 6 votes against, Amendment VII has been REJECTED. With 3 votes for and 5 votes against, Amendment VIII has been REJECTED. With 2 votes for and 6 votes against, Amendment IX has been REJECTED.
The Act has been updated to reflect the passed amendments.
Final voting begins NOW and will last until 19:45 on August 18th, 2020.
Edward Firoux
Council Speaker and Councillor for Inquista
The Kingdom of Spain
