Germany

With Refugee Influx, Germany Struggles To Outlaw Child Marriage

Germany suddenly faces hundreds of young girls who have disappeared from schools because their parents have found husbands for them. Lawmakers appear powerless to face the new phenomenon of child brides brought by the arrival of immigrants.

Refugee girl playing in a Berlin school
Refugee girl playing in a Berlin school
Hannelore Crolly, Anette Dowideit and Freia Peters

BERLIN — Pinar, a 15-year-old German girl of Iraqi descent, ran to a woman's shelter when her father tried to force her to marry a 36-year-old man who works for an oil company in Iraq.

Pinar, which is not her real name, had lived in Germany since the age of two. Her mother died of cancer and her father was strict, making Pinar do most of the housework and never letting her go out.

When Pinar's father told her of her upcoming nuptials, she fled to a women's shelter, which then transferred her to foster parents in Netherlands. She's now hiding in a Dutch town where she still can't go to school and has no friends.

Germany's legal institutions are struggling to grasp the problems that migration causes. The more migrants arrive in Germany, the more often local authorities and courts have to deal with cases that they've never encountered before. They now face underage girls forced into marriages who have stopped going to school, either because they have to take over house chores from their mother-in-law or move country.

No woman should ever be married against her will, and that's especially true for girls, says Terre de Femmes, a nonprofit women's rights organization.

Although victims can find help and protection at the youth affairs department or an advisory center, not every teenager is that self-sufficient. Many young immigrant girls are also watched closely by their family and may not even be able to speak German properly. Is the state then able to protect women's right to self-determination in these circumstances?

Arranged marriages are criminal in Germany but paragraph 237 of the country's penal code does not include religious marriages — the kind Pinar was almost subjected to. Under German law, religious marriages are not legally recognized, and therefore cannot be penalized.

The German association of female lawyers has demanded that the law should now include such marriages, but that would, in turn, mean that such marriages would have a legal bearing.

Already, Sharia, or Islamic, law is coming to Germany through child brides who were married abroad. Many are refugees who've arrived from war-torn countries.

In nearly half of all marriages among Syrians in refugee camps, at least one spouse is a minor, according to SOS Children's Villages, an NGO. This figure used to be 13% prior to the war. Parents believe that their daughter's marriage, often to a considerably older man would secure her financial and physical well-being, protecting her from rape and safeguarding her so-called honor.

These marriages now pose a problem to the German legal system. If a marriage took place in the refugee's home country, the local authorities can hardly claim that religious marriages in Germany do not exist. This leads to a fundamental problem: Is safeguarding family rights more important than children's rights?

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Drawings by Syrian refugee children — Photo: DFID - UK DID

Legal experts doubt that courts of law and local authorities are equipped to deal with these questions. "The authorities seem to be increasingly powerless to do anything in the cases that we are witnessing at the moment," says Islam expert and lawyer Mathias Rohe, who is in charge of the center for Islam and law in Europe at the University of Erlangen.

Love, not always

This issue was recently highlighted in the case of a young Syrian couple, in which the girl was aged 14 and the man 20 when they got married in Syria. They fled to Europe and were separated by the authorities when they got to Germany. The husband sued the local court in Bamberg to be allowed to live with his wife. Both stressed that they loved each other and were legally married. The husband's motion was sustained. The court, in this case, adhered to the common custom of accepting situations that were legally created in a foreign country if they do not clearly violate German public order, such as would be the case with polygamous marriages.

But it is not the number of known cases that should worry us but the number of unreported cases. We can only guess what is going on behind closed doors and in mosques. A census created five years ago by the Ministry of Family Affairs provides a vague indication as to how high the number of unreported cases may be. The ministry asked advisory centers to report how many people had come to them for support and advise with regard to imminent or already existing arranged marriages. Among the 3,443 people who sought advise on the matter, one-third were underage. The youngest girl to seek advice was 9 years old.

Lawmakers are now seeking a change in legislation through a joint initiative that would not recognize marriages in which the girls are younger than 16.

"The willingness to get married among young women is rarely based on love," says Thomas Kutschaty, the minister for justice in North Rhine-Westphalia state, who, along with his Bavarian counterpart, Winfried Bausback, launched the initiative.

Kutschaty wants to prevent child brides especially because older men often take advantage of the girl and her family. "This will leave scars that never heal," he says.

The German parliament has also addressed the topic. One lawmaker, Thomas Oppermann, told Die Welt newspaper that "the protection of children has to be our top priority. And the same has to apply to underage refugees." No one, especially children, should ever be forced into marriage, he says.

"We have to provide clear guidelines as to when a marriage that has taken place abroad is in accordance with our values and will be recognized in Germany," says Kutschaty.

Heiko Maas, the federal justice minister, has announced that he will start a workshop to address the topic on Sept. 5.

Meanwhile, Pinar, who is now 16, is waiting patiently in Netherlands and longs for her childhood. "Germany is my home, I can barely remember Iraq," she says.

If everything goes well, Pinar will get a spot in a communal residence in Germany, and return to class with her eye on obtaining her high school diploma. For the future, she says she wants to be a lawyer in order to help other girls in her position.

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January 15-16

  • Kazakhstan’s vicious circle of strongmen
  • COVID school chaos around the world
  • The truth behind why we lie to ourselves
  • … and much more!

🎲 BUT FIRST, A NEWS QUIZ!

What do you remember from the news this week?

1. What extreme measure did the Canadian province of Quebec take to encourage people to get vaccinated?

2. What caused a massive power outage in Argentina’s capital Buenos Aires, leaving 700,000 in the dark for hours?

3. Norwegian soldiers were asked to return what piece of clothing at the end of their military service, so that future recruits can reuse them?

4. What news story have we summed up here in emoji form? ❤️ 🐖 🏥 👨 👍

[Answers at the bottom of this newsletter]

⬇️  STARTER

Djokovic, BoJo, Xi Jinping: rules & power in pandemic times

It was the phrase of the week down on Fleet Street, the historic HQ of the London press corps: “Bring your own booze” — BYOB — the instructions secretly sent around for the garden party held at 10 Downing Street in blatant violation of the first coronavirus lockdown, back in May 2020.The revelations of the event (the second such scandal to emerge in the past two months) has left British Prime Minister Boris Johnson barely holding on to his job after his admission to Parliament this week that he was there … and he was, well, quite sorry.

Meanwhile, on the other side of the former British empire, Australians are following how their public representatives will resolve the latest twist in pandemic policy that has captured the sporting world’s attention. Back and forth, like a tennis match. By the end of the week, Australia had reversed a Monday court decision, and canceled Novak Djokovic’s visa that would have allowed him to defend his Australian Open title. Immigration Minister Alex Hawke said the visa was revoked on the grounds that the presence of the unvaccinated Serbian star risks fueling anti-vax sentiment on home soil.

This is high-stakes political gamesmanship indeed. The unprecedented health crisis, and associated restrictions to limit the spread of the virus, requires our elected leaders to react to ever-changing information and a chain of lose-lose public policy choices. COVID continues to make the hard job of being a public representative that much harder. The best, we can agree, are doing the best they can. The worst, well … are the worst.

The British public has rightly taken offense to the idea that the very people charged with making and enforcing COVID rules, were also busy breaking them. In the Djokovic saga, skeptics of vaccination mandates — in Australia, Serbia and beyond — will have new ammunition if the world’s top tennis player is kicked out of both tournament and country.

The good news is that in our eternally flawed democracies, the public eventually (though not always!) finds out what goes wrong, and ultimately has the final say of who’s in charge. The same can’t be said everywhere, including the country that has been cited for having the most successful methods for controlling the virus and limiting death tolls. That is, of course, China … where it all began.

Yet the authoritarian regime's “Zero COVID policy” comes with deeper questions that largely mirror the downside of authoritarianism in general: ruthless enforcement, quelled dissent and the sometimes blind following of the masses. It’s hard to imagine that Xi Jinping has had any “BYOB parties” in the past two years. But if he did, you can be sure we’d never know.

— Jeff Israely


🎭  5 CULTURE THINGS TO KNOW

• Makar Sankranti 2022: The Hindu festival of Makar Sankranti is celebrated on January 14 and 15 in almost all parts of India and Nepal in a myriad of cultural forms. The festival marks the end of winter, the beginning of a new harvest season, and has ancient religious significance.

• Parthenon fragment returns to Greece: A marble fragment from the Parthenon temple has been returned to Athens from a museum in Sicily. Authorities hope the move will rekindle efforts to force the British Museum to send back ancient sculptures from Greece's most renowned ancient landmark.

• 400 years of Molière: France honors its seminal playwright on the 400th anniversary of his birth. His influence, comparable to that of Shakespeare in the anglophone world, is such that French is often referred to as the "language of Molière."

• Vinyl surpassed CDs sales for the first time in 30 years: For the first time since 1991, annual sales of vinyl records surpassed those of CDs in the U.S, according to MRC Data and Billboard, with an estimated 41.72 million vinyl records sold in 2021 (up 51.4% from 27.55 million in 2020). This means that vinyl is now the leading format for all album purchases in the U.S.

• Kendrick Lamar teams up with South Park creators: Grammy-winning rapper Kendrick Lamar and his former longtime manager Dave Free are working with South Park creators Trey Parker and Matt Stone to produce a live-action comedy for Paramount Pictures.

📚😷 COVID SCHOOL CHAOS AROUND THE WORLD


The decisions to close schools have been some of the toughest choices made during the pandemic, with students suffering both academically and socially from online learning or no education at all. It’s universally acknowledged that children most succeed with in-person classes, but the question still remains whether the health risk to students and those around them is worth it.

The Omicron wave has only caused this debate to heighten, with teacher strikes in France, rising drop-out rates in Argentina and shortages of staff in South Africa. But there are signs of hope: Uganda has finally reopened schools, ending the world’s longest shutdown, and some American parents have decided to offer more personalized education with homeschooling.

Read the full story: COVID School Chaos, Snapshots From 10 Countries Around The World

🇰🇿  KAZAKHSTAN’S VICIOUS CIRCLE OF STRONGMEN


The real transition of power in Kazakhstan was supposed to have taken place in 2019. Former President Nursultan Nazarbayev, who had ruled the former Soviet Republic with an iron first since its independence in 1991, finally stepped aside to allow his successor, Kassym-Zhomart Tokayev, to take power.

However, Nazarbayev retained enormous influence behind the scenes. The real transfer of power is in fact happening only now, following large-scale unrest and protests around the country. Kassym-Zhomart Tokayev promises a new way of doing things, but his methods are strikingly similar to his predecessor. For Russian daily Kommersant, Vladimir Soloviev and Alexander Konstantinov ponder why strongmen are able to keep power in Kazakhstan — but can't ensure its peaceful transfer.

Read the full story: Kazakhstan, When One Strongman Replaces Another

🐟 DENMARK, A SMALL FISH IN THE SALMON INDUSTRY’S BIG POND


Things are getting fishy over Nordic fishing regulations, as the Danish government has banned further growth in sea-based fish farming, claiming the country had reached the limit without endangering the environment. In Danish newspaper Politiken, marine biologist Johan Wedel Nielsen explained why Demark’s policy has given Norway a de facto monopoly on the lucrative salmon industry. This is particularly significant as changing diet habits are increasing demand for the nutritious pink fish, and Norway has taken advantage, accounting for about half of the world’s salmon production.

Nielsen argues that environmental concerns aren’t warranted, as fish have an inherently small impact on the environment. Denmark has the potential to establish 150 salmonid (a family of fish including salmon and trout) farms in the Baltic Sea, producing some 500,000 tons of trout per year with a value of 2.7 billion euros and employing tens of thousands. But the Danish government has so far given no indication of allowing any addition to Denmark’s 19 existing farms.

Read the full story: Norwegian Salmon v. Danish Trout: Lessons On Ecology And Economics

💡  BRIGHT IDEA

French start-up Airxôm has unveiled its unique respiratory device at Las Vegas’ CES tech event. Their plastic and silicon face mask is the first capable of destroying particles of all sizes and has inbuilt decontamination properties, hence protecting against pollution, bacteria and viruses including COVID-19. Oh and, as a bonus, it also prevents your glasses from fogging.

#️⃣ TRENDING


Boris Johnson memes flooded social networks this week, mocking the UK’s prime minister's excuse for attending what was quite obviously a party at the height of the pandemic: “I believed implicitly that this was a work event.” The quote was shared alongside a toe-curlingly bad 2013 video of BoJo dancing to Lionel Richie’s “All Night Long” which resurfaced on Instagram, while Irish low-cost carrier Ryanair puts its own spin on the lame explanation.

🤦‍♀️🛴🤦‍♂️ FACEPALM OF THE WEEK


A Belgian national was intercepted by the French police while riding his e-scooter on a highway in eastern France. The confused trottinette user said it was his first time riding in France, and that he’d failed to select the “no toll roads” option on his GPS.

👉   OTHERWISE ...

Climate, COVID, Costa Concordia: why humans are wired for denial

This past week marked 10 years since the sinking of the Costa Concordia cruise ship off the coast of Tuscany. Writing in Italian daily La Stampa, Guido Maria Brera sees connections between the way passengers and crew reacted in the minutes and hours after the ship ran aground to other calamities we face that may seem to be moving more slowly:

In 2012, the same year the Costa Concordia cruise ship sank off of Giglio Island, David Quammen published his book Spillover, which predicted that somewhere in Asia a virus would be attacking the human respiratory tract on its way to becoming a global pandemic. And so it was. This terrible shipwreck, which the world watched in slow-motion exactly ten years ago on January 13, 2012, now appears to us — just like the COVID-19 pandemic, like the trailer of a horror film we are now all living for real.

Millions dead, ten of millions sick, and the psychological collapse of entire generations, the youngest and most defenseless. In the meantime, climate change is spiraling out of control: sea levels are rising, land is drying out, ice caps are melting, not to mention hurricanes, storms, floods, droughts, famines, wars, migration.

The correlation between climate change and the pandemic has been demonstrated countless times by scientists. Soaring temperatures, intensive livestock farming, deforestation and the devastation of the natural animal kingdoms have led to zoonosis: Species-hopping, in which a bacterium or virus escapes from its host and spreads to another, creating a chain reaction with devastating results.

Finding the correlation between the sinking of the Costa Concordia and the current situation is more a subtle exercise: by looking at the decisions we made to respond to the disaster — or rather, how we failed to take action.

"The Concordia has become a maze of choices in the dark, deciding whether to open a door or not, whether to move or stay put, can be the difference between life and death,” Pablo Trincia said recently in his podcast “Il Dito di Dio.” (The Finger of God). A cruise ship with more than 4,000 people, including passengers, crew and ship personnel, is a microcosm in itself: it contains everything. And indeed, in these very long and slow moments, when time seems suspended, a tragedy was in the making.

There were reported many notable demonstrations of solidarity, as strangers helped each other. There were also those who fled as quickly as possible, seeking their personal safety at the expense of others. There were those who, between the ship crashing into the rocks and the dropping of the first lifeboats, seemed not to care.

If it is true that there are lessons to learn even from the worst tragedies, then we must make sure that the terrible wreckage of this small world can help us understand and identify the rocks we are heading towards today: the climate crisis and the pandemic. Time is the discriminating factor, as always. Director Adam McKay explains it well in his movie Don't Look Up, showing us how people react as they face slow-motioned tragedies.

In this scenario, the slowness of the film is the central narrative choice: there is initially plenty of time before the comet would hit the earth, ineluctably ending human life, and there remains plenty of time to live and love and enjoy.

Hence, we also have time to expect that the asteroid is still far away, to imagine that it will deviate from its course. We even have time to forget that the impact is inevitable, and to continue to live as if nothing is happening.

This is the most common reaction to pandemics and environmental disasters. Turn your head away, pretend you don't see, don't look up.

Denial is the work of politicians incapable of questioning the only development model they know, of the billionaires who built bunkers to survive in New Zealand, (where it seems that the crisis will have less impact), of the Silicon Valley gurus have already bought coolers to preserve their bodies for eternity by cryogenics.

On the Costa Concordia, refusal to look the disaster in the eye wasn’t just the work of those who were supposed to give the alert and manage the evacuation: we are all in the same boat when it comes to denial. When a disaster happens in slow motion, it feels as though there is still too much time to bother rushing for solutions now.

We tend to think about the time we have left, about the costs and benefits to our tiny lives, without even realizing that never has the need for salvation been more collective.

Ten years ago, as today, we convinced ourselves that we are absolved of responsibility precisely because we know that everyone shares the same responsibility.

⏩  LOOKING AHEAD

• Russia’s Foreign Minister Sergey Lavrov set next week as the ultimatum for a confirmation that NATO will neither expand nor deploy forces to Ukraine and other ex-Soviet nations.

• Next Sunday will mark two years since the World Health Organization declared during an emergency meeting that COVID-19 was a Public Health Emergency of International Concern.

• On Tuesday, a 3,400-foot-wide asteroid will make a safe flyby of Earth, whooshing by our planet at the equivalent of five Earth-Moon distances (still pretty close from a cosmic point of view).

• Monday is Ditch New Year’s Resolutions Day, so you still have a few more hours to decide whether that gym membership really was a good idea.

News quiz answers:

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