Modern Human Rights – Is It Time to Accept Polygamous Marriages?

We are now living in a world that increasingly celebrates diversity in so many forms and we have built numerous societies that recognise the importance of personal autonomy and the ability to choose ones own path, within that, the concept of marriage and relationships has evolved beyond historical traditional norms. Polygamy and polyamorous relationships, once considered a huge taboo (though, actually only in more recent history), are now subjects of heated debate regarding human rights and societal acceptance considering the rise in such relationships.

Article 12 of the European Convention on Human Rights states that:

“Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right”

However, this right does not necessarily include the right to engage in multiple marriages. Within the UK, the Marriage Act 1949 holds that all legally valid marriages must be monogamous. However, human rights and civil liberty principles are now at a stage where this may no longer represent the societal acceptance of marriage – Especially when considering the date the Act was brought in!

Any debate on human rights will almost inevitably concern a balancing act between the individual freedoms of the persons concerned and the individuals who make up society as a whole. The United Kingdom, with its apparent commitment to upholding human rights (though, less so in recent years), faces the challenge of protecting this individual autonomy while safeguarding the principles and values that promote social cohesion and ‘normality’.

Polygamy is the practice of having multiple legal spouses simultaneously. While it is not legally recognised in the UK, many now argue that consenting adults should have the freedom to enter into polygamous relationships if they so choose. Arguing that, denying individuals the right to engage in polygamous marriages and relationships, where all parties are consenting, is likely to have very little, if any, negative impact on any other person or society as a whole in any meaningful way, as such, some argue that this restriction infringes upon the autonomy and freedom to form relationships and marriage of some.

That being said, opponents of polygamy argue that it can lead to potential harms, such as gender inequality, exploitation, and the infringement of rights for individuals involved. This is a specific, yet particularly strong point, abusive relationships are very frequently perpetuated where there is a power dynamic, without focusing too much on individual polygamous relationships, it is likely that there is some degree of psychological imbalance, fear, jealously, subservience or other emotion or feeling that could lead one partner to being in a vulnerable position. As such, it is suggested that legalising polygamy may undermine gender equality and perpetuate harmful power dynamics within relationships. Additionally, concerns arise regarding the potential for coercion, abuse, and the denial of individual rights within such unions.

It was on this line that the United Nations Human Rights Committee reported in 2000 that polygamy was a violation of the International Covenant on Civil and Political Rights, stating that:

“The delegation had said that polygamy was concluded on mutual consent, but social and economic factors could play in favour of the man.”

It is important to note the context of this decision by the UNHRC, this was a statement specifically in regard to the situation in Gabon and the Committee noted several flaws in the evidence and held that the social landscape in the country was such that inequalities could not safely be ruled out.

In considering the gendered issue of polygamy, it could be said that feminism and gender equality should actually allow for this more than anything, the right and freedom to choose is so important, it is a powerful point to question what place the state has in regulating the relationships of consenting adults and how far this should go?

The debate is a difficult one, balancing the rights of individuals in polygamous or polyamorous relationships with broader societal considerations is a complex task and there are many factors to consider. This is a topic which the government has very recently reviewed based on a consultation by the Law Commission, however, there are no clear plans to change anything in coming years. It is interesting nonetheless, that foreign polygamous marriages may be fully accepted and recognised within the UK, but those which are born from within the UK are not. This creates a very unique lacuna in the law, where those who are not UK citizens or who are not domiciled within the UK, may actually have stronger marriage rights with respect to polyamorous relationships than would a British citizen who is within such a relationship within the UK.

The recognition of foreign polyamorous relationships represents some degree of acceptance by the government, and quite significantly weakens many of the arguments that are brought against polygamy as, if it were truly so harmful, these would remain unrecognised in the same way countless acceptable and legal practices in other countries are illegal and reprehensible within the UK. In 2008, the government position on foreign polygamy was as follows:

“For a polygamous marriage to be considered valid in the UK, the parties must be domiciled in a country where polygamous marriage is permitted, and must have entered into the marriage in that country. Provided the parties follow the necessary requirements under the law of the country in question, the marriage would be recognised in England and Wales. The law is drafted thus because the Government have no desire forcibly to sever relationships that have been lawfully contracted in other jurisdictions. This should not, however, be construed as government approval of polygamous marriage. The Government do not support polygamous marriage and support the law that prohibits parties from contracting polygamous marriages in this jurisdiction.”

The European Court have interestingly kept a very wide distance from this debate, as recently as 2017, the Court held in Orlandi that it was still a matter for each individual state to legislate whether same sex marriage was lawful or not based on each state knowing what is best for its own people… This principle would equally apply to polygamous relationships and marriages.

This being the legal case, it does however seem that the only real argument remaining against polyamorous marriages (outside of spurious religious based ones) is the need to respect gender equality, though this is a clearly paradoxical argument, no doubt a cause of much debate within government policy. Any future legal recognition of polygamous or polyamorous relationships must address the potential for gender imbalances and ensure the protection of individual rights within these arrangements if it is to succeed within a democratic state. Striking a balance that prevents exploitation and coercion while respecting individual autonomy and the right for all to choose is key.

As the UK continues to grapple with evolving societal norms and individual freedoms, especially in world which is becoming smaller and more complex by the day, the issue of polygamy and polyamorous marriages is increasingly relevant but equally difficult. The delicate balance between personal autonomy and the right to choose and societal considerations necessitates a thoughtful and nuanced approach. Upholding human rights principles while ensuring the well-being and protection of all individuals involved should guide any future discussions and potential legal frameworks. By engaging in respectful dialogue and considering the rights and responsibilities of all parties, society can foster an inclusive environment that respects diverse relationship choices while maintaining the values that promote a just and equitable society.