The 13-year-old girl came to the Mönsterås municipality in January 2016 together with her family and her 20-year-old cousin, to whom she claimed to be married. However, when informed that it was illegal for children to marry in Sweden, she changed her mind and disavowed her marriage. The municipality then allowed the couple to live together, whereupon the girl got pregnant, the Fria Tider news outlet reported.
According to Sweden's Justice Ombudsman (JO), the social council in the Mönsterås municipality has violated its responsibility and should have better monitored the girl's situation. However, the JO pointed out that the municipality had a difficult task to pursue, as the 13-year-old refused to move to an accommodation for "single girls."
In early December, Migration Minister Heléne Fritzon was presented with a proposal by investigator Mari Heidenborg on strengthening the protection of children from being married off. However, the proposal did not contain a general non-recognition of underage spouses.
"There would be a risk of conflict with the European Convention on the right to life and privacy," Heidenborg told the Sydsvenskan daily, referring to the fact that several EU countries allow 16-year-olds to marry.
The national human rights association GAPF ("Never Forget Pela and Fadime," referring to the honor killings of Pela Atoshi and Fadime Sahindal) criticized the proposal.
"Sweden must take steps to ban child marriages altogether. The investigation feels like one step forward and seven steps back," GAPF founder Sara Mohammad said. "Sweden must focus on its own country and its own legislation. If there are shortcomings at the EU level, Sweden must be a driving force and not back down," she added.
Regardless of the outcome, the proposed legislation will not apply to the children currently married in Sweden.
"The law cannot be retroactive," Mari Heidenborg said.