Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage
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Knauer, A. Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage. German Yearbook of International Law, 99999(), 1-14. https://doi.org/10.3790/gyil.2025.409903
Knauer, Annika "Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage" German Yearbook of International Law 99999., 2025, 1-14. https://doi.org/10.3790/gyil.2025.409903
Knauer, Annika (2025): Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage, in: German Yearbook of International Law, vol. 99999, iss. , 1-14, [online] https://doi.org/10.3790/gyil.2025.409903
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Whose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage
German Yearbook of International Law, Online First : pp. 1–14
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Annika Knauer, Max Planck Institute for Comparative Public Law and International Law Im Neuenheimer Feld 535 69120 Heidelberg, Germany
- Research Associate and Doctoral Candidate
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Annika Knauer\nWhose Interest is the ‘Best Interest of the Child’? – The German Federal Constitutional Court’s Decision of 1 February 2023 on the Law to Combat Child Marriage | 1 | ||
| I. Forced to Trade Childhood for Adulthood | 1 | ||
| II. International Standards with Regards to Child Marriage | 3 | ||
| A. What is a ‘Child Marriage’? | 3 | ||
| B. The ‘Best Interest of the Child’ – an Opaque Concept? | 4 | ||
| III. The German Amendment in the Law to Combat Child Marriage (LCCM) | 7 | ||
| IV. The Decision of the German Constitutional Court | 8 | ||
| A. Background | 8 | ||
| B. The Arguments | 9 | ||
| C. The German Interpretation of CEDAW and CRC | 10 | ||
| 1. ‘No Legal Effect’ for Child Marriages Under Article 16(2) CEDAW | 10 | ||
| 2. The ‘Best Interest of the Child’ Under Articles 3(1) and 12(1) CRC | 11 | ||
| V. Further Developments | 13 |