Child Marriage Act 2020
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Debate on this starts NOW and will last until 05:45 GMT on August 11th, 2020.
I want to begin by welcoming you back to Europolis, Councillor Granger! We're glad to have you.
I definitely support the premise of this Act and would like to see this passed. However, this bill currently has many problems, all of which stem from the fact that it includes a lot of extraneous information and it's much more complicated than it needs to be. I shall try to remedy this as much as possible to make this Act passable.
I want to begin with saying that this Act has a very severe and intense name. The Child Marriage Act is a better name in my opinion.
I really don't like the first half of the Preamble. Child marriage puts all European youth at risk, not just girls. I understand that girls are very likely to be the largest demographic of youth forced into child marriage, but it is not a plight that is holistically centred upon them. Besides, I don't think we should be using gendered terms there anyway, it is better to simply use neutral ones. Moreover, the final statement of the first paragraph probably isn't true in the context of our Union, considering that the overwhelming amount of our member states are developed states, almost of which I believe - and hope - have already outlawed child marriage. Complications as a result of teenage pregnancy is not even within the top 10 causes of teenage death in Inquista.
The second half of the Preamble is fine, and probably is what the Preamble simply ought to be.
The Definitions section is completely unnecessary, as you've used none of those defined words in the actual text. This entire section should be removed.
Section I is also completely unnecessary, because yes, all member states are required to modify their Corpus Juris or Civil Code after the implementation of the Act, which is already stated in Section III, Article IV.
Section II really is where your focus should have been. I'm not sure if I quite like the wording. When you say "only people over 18 years of age", you realise this means 19+ years? Surely you mean persons 18 years and older. I also don't like the word 'capacity', which is a bit vague. I like the fact that you specified they can't marry - as in perform the act of marrying of someone - but I don't like you didn't say they can't be in a marriage, which is a whole other legal point. Instead you used the word unionship there, which is fine, but you should include marriage as well.
Section III is a bit messy. Clause I is rather redundant, because if this law were to pass, then yes, these offices would have to close anyway. Although I'm not sure why you mentioned effective immediately, because that is an unrealistic time frame for national legislatures to carry out that task. You also misspelled immediately, and did it again with Clause IV, so therefore the entire timeframe is actually void.
Clause II of Section III is about to break up a huge swathe of families across Europe, and literally take all children under the age of 18 away from their parents. I think I know what you mean by cohabitation, but it doesn't always mean that. It can also mean people inhabiting the same place. Besides, this is a bit of a weird point to bring up anyway. Should be removed.
If Clause III is a punishable and illegal offence, then you should also probably mention it in a previous section, like Section II, that such practices will no longer be allowed. Only marriages of people of a certain age are permitted, but it nowhere stated that marriages of minors specifically were illegal.
This all leads me to my amendments:
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 person under 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 unionship in the European Union.
II. It shall be an illegal and punishable offence to practice services involving the marriage or union of persons under the age of 18.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 -
First thank you Mister Speaker for your kind words I look forward to work together for the better of our Union, it's good to be back in Europolis. And I would also like to thank many of my colleagues for the opportunity to not only speak today but for the many members from both sides of the aisle who have reached out to me in support for this proposal.
Stopping child marriage is not just a must for moral or human rights reasons—it lays the foundation for so many other things we hope to achieve. Primary education. Improved child and maternal health. Sustainable economic development that includes girls.
I agree with Mister Speaker, that The Child Marriage Act is a better name, I must say that this issue speaks to my heart that was why the agressiveness of the name. And yes, Child marriage puts all European youth at risk. I observe these amendments.
And just as Inquista and Montenbourg , Councillors we need to help those who support our cause to win arguments within their societies. And we need to make our case far and wide to plant the seeds that will one day convince the rest.
We need girls not wives, we need boys not husbands. As I often say, this isn't just the right thing to do; it is also the smart thing to do. Let's build and protect our future and our present youth.
Emma Granger
Councillor for Montenbourg -
Pravoslaviya stands unambiguously against the disgusting evil of paedophilia. The human scum who exploit and defile our children are among the worst human beings on this planet. Their actions are an offence against God and all humanity, and it is the duty of every European nation to ensure there is no safe haven in our region for these demons, many of whom hold high places in our region's globalist elite, and their vile activities. Therefore, we wholeheartedly support the principles behind this bill. We cannot Make Europe Great Again if Europe still has nonces running free.
That said, I agree with Cllr Firoux's points. Boys as well as girls can be the victims of paedophiles; and I would especially dispute the use of the phrase 'moral integrity of minors', which implies that being violated by a predator is some kind of moral failing. We should be clear that the only moral failing is on the part of the scumbag nonces.
I have a couple of additional points beyond Cllr Firoux's amendments. The first is that we should specify 'civil union' rather than 'unionship'. While Cllr Firoux thankfully removes the 'definitions' clause that implies that 'unionship' includes 'informal' unions, the ambiguity remains. We should not seek to ban 17 year olds from having boyfriends or girlfriends their own age.
My other concern is about the age of majority specified. Many countries, including Pravoslaviya, have a legal marriage age of 16, provided parental consent is given. A lot of countries have different ages of majority for different things; and it seems to me reasonable that this bill provide a baseline of 16, which nations can increase if they so wish, rather than dictating an age of majority of 18.
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If we talk about child marriage and paedophilia, then I have to mention Spain is completely against these actions. But, there are some ethnic groups which are not able to agree on this. First of all, I would like to look at the gypsies, which marry their children at lower ages like 16 or 15, which is something I can't stand. These marriages are fully independent from state marriages, so it's technically impossible to control their marriages if they not even declare them to the Government and the judiciary services. Social Services work fine, but still it's impossible to control every person.
I agree with the amendments made by Cllr. Firoux which protects boys and girls. We tend to look only to girls but there are lots of boys and men that suffer from this or suffered this before. Paedophilia does not understand of gender, it just wants to abuse of everyone, without looking at their gender, ethnic group or religion. I will support this act if the amendments get passed, and I congratulate Cllr. Granger for coming back with such a great idea.
Donald D. Tusk
Councillor for Spain -
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
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"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.
The Kingdom of Spain
