Johanna Westeson - The ICHRP

In relation to the above, it is relevant to briefly reflect upon legal arrangements that could
allow polyamorous relations, entered into with full consent of all parties and with the same
status for men and women. Such a model would break completely with the idea of the
monogamous unit as a basic cornerstone of society. As of today there is no such example
in Europe. However, a law from Portugal is worth mentioning. It regulates the situation of
two or more persons living together, thereby awarding limited protection to those who
share a household who are not married, and who may be more than two in number. The
law, Law No 6/2001 of 11 May on measures of protection for persons who live with shared
economy, 406 does not specifically target people who have a sexual or emotional
relationship, but could be relied upon in situations of consensual polyamorous
arrangements. The target group of the law is people who live in consensual unions, that is,
persons who have been living together for more than two years and who have established a
mutual household that includes mutual assistance and sharing of resources. Persons who
qualify for protection under the law are awarded, inter alia, benefits similar to those
granted married persons relating to leave, absence, and official holidays, certain tax
benefits, and protection of the domicile. It is notable that the law specifically excludes
coercive relationships, and thus as a general rule would exclude traditional polygamous
arrangements: Article 3d) provides that the law is not applicable when either person is
submitted to a situation of physical or psychological duress or when his/her selfdetermination
is threatened.
5. Concluding remarks
Polygamy does not exist as a widespread practice in most parts of Europe and is
consistently outlawed throughout the region. According to reports, the practice of
polygyny prevails in some of the Central Asian republics, although it is not sanctioned by
law. In other parts of Europe the issue of polygamy is brought to the fore mainly with
regard to immigrant groups, or persons born in European countries but of non-European
origin. Countries that are recipients of large numbers of immigrants all have a ban on
polygamy: this means that for reunification purposes, they prohibit men who reside
lawfully from bringing in more than one wife. The treatment of immigrant polygamous
families that are already established in European states varies slightly, but most European
countries share strong anti-polygamy policies as demonstrated by provisions of criminal,
civil, and immigration law.
As pointed out by international human rights bodies, polygamy as practiced traditionally is
detrimental to the sexual health and rights of women, given the power imbalance between
the spouses and the lack of sexual autonomy for the woman as a consequence of the
arrangement. As pointed out by the Human Rights Committee, polygamy is also an
inadmissible discrimination against women. In that regard, strong anti-polygamy policies,
combining criminal, civil, and immigration law, can be considered good practice.
Want Polygamy Legalised,” 21 February 2005, at http://www.iwpr.net/report-news/tajik-women-wantpolygamy-legalised.
All three sites last visited on 20 April 2010.
406 Available in Portuguese only. Content explained by Esteban Restrepo. Comments also based on the UN
Human Rights Committee, Consideration of Portugal’s third periodic report under Art 40 of the ICCPR, 6
June 2002, available at
http://www.unhchr.ch/tbs/doc.nsf/0/c12062b162139931c1256c72003d7282/$FILE/G0242465.pdf, p. 115,
last visited on 20 February 2010.
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