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.

Family Unity and International Protection – EU Regulation and its Compatibility with the echr

2021 ◽  
Vol 90 (2) ◽  
pp. 161-189
Author(s):  
Georgios Milios
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Family Reunification ◽  
European Convention ◽  
Special Focus ◽  
The European Union ◽  
International Protection ◽  
Family Transfers ◽  
The Right ◽  
Family Unity

Abstract The present article deals with the issue of family unity in the field of international protection, with a special focus on the European Union (EU) rules and their compatibility with the European Convention on Human Rights (echr) standards. In particular, the scope of the article is limited to family transfers of seekers of international protection under the Dublin system and to family reunification procedures for refugees, and beneficiaries of subsidiary protection. After examining the legal framework at EU and domestic level, the present study focuses on two rather controversial issues, from a human rights perspective: on one side, the regulation of the right to family reunification for beneficiaries of subsidiary protection and, on the other side, the different treatment between pre- and post-flight families in the field of international protection. The article concludes that the current rules regarding these two issues are not compatible with Article 8 of the echr taken together with Article 14 of the echr, and with Article 8 of the echr taken alone. It suggests that while the EU and domestic legislature remains inactive in order to correct these inequalities, the non-discrimination clauses may become directly applicable.

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.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

THE RIGHT TO FAMILY LIFE: THE EUROPEAN AND INTER-AMERICAN PERSPECTIVES. THE PROHIBITION OF DISCRIMINATION

2020 ◽  
Vol 2 (XX) ◽  
pp. 77-88
Author(s):  
Małgorzata Myl
Keyword(s):  
Human Rights ◽  
Family Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Traditional Concept ◽  
Natural Group ◽  
The Family ◽  
International Human ◽  
The Right

Family, as a fundamental and natural group unity of society, has a special status both under a national law and under international regulations. The right to family life has been recognized as one of the basic human rights. States are obliged to respect the family life and to refrain from an arbitrary or unlawful interference in the life. In addition, States have obligations to adopt appropriate legal measures aimed at protecting everyone’s private and family life. Social changes should be taken into account during the implementation of States’ obligations (including changes in the family life model, eg. moving away from the ‘traditional’ concept of family as marriage of woman and man and their children). In the text it is presented an overview of how the concepts of family and family life are understood under the international human rights law. Then, the practice of the European and Inter-American human rights bodies was analyzed in relation to the protection of family life. The text is also an attempt to address the question whether people remaining in family models other than ‘traditional’ create the family life and whether the life in protected under the international human rights law.

scholarly journals Reunification of the Refugee Family in South Africa: A Legal Right?

Refuge ◽  
2013 ◽  
pp. 77-92
Author(s):  
Fatima Khan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Family Reunification ◽  
Current Status ◽  
International Human Rights Law ◽  
Legal Concept ◽  
Refugee Law ◽  
Laws And Policies ◽  
The Right ◽  
Family Unity

Family unity is not considered a right within international refugee instruments and as a result the laws and policies of most states are silent in this regard. Family unity is however a legal concept which is addressed extensively in various other international law instruments. This paper contends that refugee law as a dynamic body of law is informed by these international law instruments and it should not be viewed as an isolated body of law and be denied the benefits there from. The right of family unity is often distinguished from the right to family reunification, which extends protection more specifically to families that have been separated that wish to reunite. Even though few human rights instruments specifically designate a right offamily reunification it will be argued that to deny family reunification is to effectively violate the right to family unity. This paper furthermore examines the right to family reunification as it applies to refugees, looking specifically at the current status of South African and international law. It will be emphasised that because refugee law is informed by international human rights law, it can support, reinforce or supplement refugee law.

6. International Human Rights Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Protection ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.

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