On October 8, 2024, a special commission appointed by the Swedish government to consider bans on marriage between cousins and other close relatives presented its final report. It proposes that the government ban marriage between first cousins and between an uncle or aunt and niece or nephew, to protect young women and men from “honor oppression” (hedersförtryck). Such marriages would be prohibited without any exceptions.
Current Rules
In Sweden, persons who are siblings or close family members in direct ascending or descending order, such as parent, child, grandparent, are explicitly prohibited from entering into marriage. Siblings who only share one parent, and who have not grown up together, may apply for an exemption to marry. (2 ch. 3 § Marriage Code.) There are no restrictions on first or second cousins to marry.
Forcing another person to enter into a marriage against his or her will was criminalized in 2014; the first such conviction occurred in 2016.
Prevalence of and Risks Associated with Marriages between Cousins
According to the Commission, marriage between cousins, previously a relatively uncommon practice in Sweden, has become more common as a result of immigration from African, Asian, and Middle Eastern countries, where the practice is common. (Report at 10.) Sweden does not keep statistics over the number of persons who are married to a cousin, as the practice is legal.
Relying on information from non-governmental organizations, women’s organizations, the police, and prosecutors, the Commission found the practice of marriage between cousins socially harmful. It noted that marriages between cousins are often arranged, and are associated with honor practices among immigrant groups in Sweden. According to the Commission’s findings, marriages between cousins are often linked to an expectation of sexual virginity and chastity for the affected women that result in restrictions on their personal freedoms both before and during the marriage. The Commission also found that marriages between cousins are linked to criminal family networks and are used as a tool to increase the loyalty within such groups. (Report at 158-159.)
The Commission also discussed the link between larger family clans and decreased trust in institutional organizations, noting that clan structures have a negative effect on democratic institutions and that marriages between cousins perpetuates this problem. (Report at 111.)
Birth Defects and Health Risks to Children
The Commission also considered the increased risks associated with birth defects in children born to parents who are first cousins, especially in cases where the grandparents were also first cousins. According to the report, for first cousins without parents who are also cousins, the risk of birth defects in their children doubles compared to children born to non-cousins. However, medical experts consulted also noted that there are other activities that are not banned, such as smoking and alcohol use, that have a considerably greater correlation with birth defects. As a result, the Commission found that prohibiting marriages between cousins cannot be justified solely on grounds of public health. (Report at 161-162.)
Marriages Between Second Cousins
The report also assessed the risks associated with marrying within a person’s extended family or clan, specifically whether marriages between second cousins should also be prohibited. While some of the same concerns as those associated with marriage of first cousins have been raised regarding marriages of second cousins, the Commission considered banning marriage of second cousins to be too expansive a prohibition. (Report at 163-164.)
Reasons for Prohibition
According to the Commission, prohibiting marriages between cousins will help women who are forced, pressured, or coerced into marriages by making such marriages unlawful. The Commission also argues that the law would promote greater integration of immigrants. (Report at 163.)
Proposal
Under the new rules, marriage between first cousins would be prohibited in Sweden, and Sweden would no longer recognize such marriages occurring abroad. This would mean a marriage with a cousin would not qualify for family reunification for immigration purposes. The possibility to apply for an exception to marry a sibling with whom one shares one parent (known in Sweden as half-siblings) would also be removed.
If adopted, the new law would enter into force on July 1, 2026.The law would not invalidate marriages between cousins in Sweden entered into prior to this date.
Other Nordic Countries
Norway banned marriage between cousins earlier this year, on June 25, 2024, by amending its Marriage Act, citing health risks for the children of cousins as well as the “political goal of preventing forced marriages and negative social control.” Finland and Denmark currently permit marriages between cousins.
Elin Hofverberg, Law Library of Congress
November 8, 2024
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