A.A. v. The Netherlands, No. 7481/23, ECtHR (Fourth Section), 8 September 2026

The refusal of family reunification with children born of polygamous marriages does not violate Article 8 of the European Convention on Human Rights where it is based on public order and immigration-control considerations and strikes a fair balance between the family interests at stake and those of the State.

Art. 8 ECHR

1. Article 8 of the European Convention on Human Rights protects family life existing between a parent and minor children even where the children were born of a polygamous marriage not recognised by the State. The non-recognition of the marriage does not, in itself, preclude the existence of a family relationship protected by the Convention. However, such protection does not entail an obligation on the State to admit the children to its territory for the purposes of family reunification.

2. In matters concerning family reunification of children born of polygamous marriages, Contracting States enjoy a wide margin of appreciation, having regard to the lack of recognition of polygamy in the legal orders of the Council of Europe member States and the relevance of considerations of immigration control and public order. The refusal of family reunification does not violate Article 8 where the national authorities have carried out an individualised assessment of the children’s situation and family ties with the receiving State, taken their best interests into account, and examined the possibility of maintaining family relations by other means.