The Right to a Family Life and the Biometric ‘Truth’ of Family Reunification: Somali Refugees in Denmark

Ethnos ◽  
2020 ◽  
pp. 1-15
Author(s):  
Karen Fog Olwig
Keyword(s):  
Family Life ◽  
Family Reunification ◽  
Somali Refugees ◽  
The Right

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

Part VI Refugee Rights and Realities, Ch.55 The Right to Family Reunification

2021 ◽  
Author(s):  
Nicholson Frances
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Family Reunification ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Protection ◽  
Refugee Families ◽  
Unaccompanied Children ◽  
The Right ◽  
Family Unity

This chapter investigates the right to family reunification. Refugees fleeing persecution and armed conflict often become separated from their families or have to leave family members behind. Border guards, armed groups, smugglers, or simply force of circumstance may separate refugee families in the chaos of flight. For refugees and other beneficiaries of international protection, family reunification in the country of asylum is generally the only way to ensure respect for their right to family life and family unity. The chapter examines the extent of the rights to family life and family unity under human rights law both globally and regionally, with the right to family reunification itself also receiving widespread recognition. In practice, however, in order to realize these rights, refugee families must surmount numerous legal and practical obstacles that can render reunification a tortuous or even impossible undertaking. The chapter then takes a children’s rights perspective, focusing notably on the situation of adopted, fostered, and unaccompanied children.

Looking for Home: The Elusive Right to Family Life

2016 ◽  
Author(s):  
Jacqueline Bhabha
Keyword(s):  
Family Life ◽  
Migration Policy ◽  
The United States ◽  
Family Reunification ◽  
Immigrant Parents ◽  
Human Rights Law ◽  
Left Behind ◽  
Refugee Families ◽  
Children Left Behind ◽  
The Right

This chapter examines how legal and social structure affects the exercise of family life, noting that the right to family life is a crucial bedrock of a just migration policy. It first provides an overview of attachment and belonging as key components of childhood, arguing that delays and other, more enduring legal obstacles to reunion unsettle the bedrock of family life on which children are meant to be raised. It then considers the difficulties facing refugee families and immigrants who leave home to improve their economic prospects, along with the different hurdles to family reunification for children left behind by immigrant parents. It also discusses children's right to family reunion, European human rights law, and children's reunification with parents in the United States. The chapter concludes by looking at smuggling as a means of family reunification.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

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