For the first time, the European Court of Human Rights (ECHR) will rule on polygamy.

The case was brought before the court by a Yemeni polygamist who sought refuge in the Netherlands with his first wife and their eight children. He is suing the Netherlands at the ECHR for refusing to bring the five children he had with his second and third wives. He believes that this refusal violates the respect due to his family life. At the heart of the case is the issue of the prohibition of polygamy.

Are polygamous families entitled to family reunification in Europe on the grounds of respect for “family life” and the best interests of the children?

This is the question that the ECHR will have to answer and which we address in this new monthly interview.

For Grégor Puppinck, who has been authorized by the Court to submit written observations (in French only) in this case, this question puts the ECHR's back against the wall. By deconstructing the concept of family, the Court no longer has any solid arguments for refusing polygamy on principle.

The only reason the Court could oppose polygamy would be cultural, but that goes against its philosophy. For the Court, European countries should welcome multiculturalism and diversity.

According to Grégor Puppinck, it is highly likely that the Court will sidestep the issue of polygamy and focus solely on the situation of the children.

The Court will probably reject the Yemeni man's application because his children are safe in Turkey with their mothers, but it would then accept the principle of polygamous family reunification, provided that the circumstances justify it.