Child protection and the fight against child marriage in Portuguese Law [abstract]

Abstract

In 2025, Portuguese law came into force prohibiting the marriage of minors and recognising that child, early or forced marriage can pose a danger to children and young people, as it can affect their physical, social and educational development. At the international level, we have seen explicit condemnation of early marriage by the UN and also by the Convention on the Rights of the Child (CRC), as it is a practice that often violates children’s rights. This article aims to analyse Law 39/2025 of 1 April, both in relation to the prohibition of marriage involving minors and with regard to the potential strengthening of protection for children and adolescents against child, early and forced marriage. The aim is to determine whether the absolute prohibition of marriage involving minors is an effective measure for protecting the fundamental rights of children and adolescents. And whether, and in what way, the protection of children is strengthened, ensuring that marriage is a free and informed choice made only in adulthood. [...]