Family Reunification: Policies and Issues

1995 ◽  
Vol 4 (2-3) ◽  
pp. 233-252 ◽  
Author(s):  
Graziano Battistella
Keyword(s):  
Human Rights ◽  
Labor Migration ◽  
Family Reunification ◽  
International Standards ◽  
Fundamental Unit ◽  
State Sovereignty ◽  
Family Separation ◽  
Migration Policies ◽  
The Family

International standards provide for protection of the family as the fundamental unit of society. However, a consequent right to family reunification for migrants is not sanctioned and continues to be resisted. This article reviews the formulation of the possibility for family reunification as provided for in international and regional standards and by migration policies. It argues that family separation, if inherent in some forms of migration, should not be institutionalized by migration policies and that state sovereignty is limited when dealing with human rights. More specifically it argues that labor migration, as currently developing in Asia, will require appropriate family reunification policies, because it will evolve into some form of settlement.

scholarly journals "A Stone In The Ocean": A Mixed Methods Investigation Into The Experiences Of Families Trying To Reunite In Canada

2021 ◽  
Author(s):  
Beth J. Martin
Keyword(s):  
Mixed Methods ◽  
Policy Design ◽  
Qualitative Interviews ◽  
Family Reunification ◽  
Family Separation ◽  
The Family ◽  
Permanent Residency ◽  
Critical Policy ◽  
Permanent Residents ◽  
Family Class

Every year many families are formed, or find themselves separated, across borders. To address the problem of family separation, the family class stream of immigration to Canada, which accounts for 20-30% of new immigrants annually, allows citizens or permanent residents to sponsor certain family members for permanent residency. Yet there has been very little research on experiences of this policy. Family reunification immigration, located at the intersection of the personal and the political, has been marginalized by masculinized policy disciplines that focus on macro-trends in immigration and render the family invisible, and by feminized disciplines that focus on the family and individual in immigration while rendering policy invisible. This dissertation fills that gap in the literature, using a critical policy studies approach informed by aspects of Critical Theory, intersectionality and Foucauldian interpretations of power. I explore the lived experiences of families as they apply to reunite through the family class stream, and of families who would like to apply to reunite but cannot. I used mixed methods—qualitative interviews and quantitative surveys—to collect data from 169 families, and 100 key informants who support applicant families, including lawyers, consultants, settlement workers and constituency office caseworkers. This approach and research design allowed me to expose and develop a deep knowledge of families’ experiences that have until now been marginalized. Findings show that, though the decision on an immigration application is important, a sole focus on that decision both excludes applicants’ vastly different experiences during the process and renders invisible those who cannot even apply. Diversity in experiences was closely related to interactions between different aspects of social location, and policy design and implementation. Applicants exercised many forms of initiative and agency, but were ultimately constrained by policy structures. The new Government has recently made promising changes, but we must ensure these changes are effective and continue to advocate for further improvements that would mitigate applicants’ negative experiences. Finally, more research needs to be done, most importantly on family reunification through immigration streams that were excluded from this study.

A Re-examination of the Family Reunification Directive in the post-Lisbon Fundamental Rights Scene

ICL Journal ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 85-114
Author(s):  
Georgios Milios
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
European Convention ◽  
The Family ◽  
Charter Of Fundamental Rights ◽  
The One ◽  
The Eu

Abstract The article examines the issue of compatibility of the Family Reunification Directive with the important changes that the adoption of the Lisbon Treaty brought to the field of fundamental rights in the EU especially considering the fact that the Charter of Fundamental Rights of the EU gained the same legal value as the treaties. The article examines all possible scenarios that may derive from Art 52 (3) of the Charter and the problems or issues that each of them may entail for the immigrants’ right to family life in the EU. This examination reveals that certain aspects of the provisions of the Family Reunification Directive are not compatible with Art 8 of the European Convention on Human Rights, and proposes that the EU should, in any event, provide more extensive protection than the one provided for by the Convention. The article proposes a reunification model which may be more compatible with the post-Lisbon fundamental rights scene.

scholarly journals "A Stone In The Ocean": A Mixed Methods Investigation Into The Experiences Of Families Trying To Reunite In Canada

2021 ◽  
Author(s):  
Beth J. Martin
Keyword(s):  
Mixed Methods ◽  
Policy Design ◽  
Qualitative Interviews ◽  
Family Reunification ◽  
Family Separation ◽  
The Family ◽  
Permanent Residency ◽  
Critical Policy ◽  
Permanent Residents ◽  
Family Class

Every year many families are formed, or find themselves separated, across borders. To address the problem of family separation, the family class stream of immigration to Canada, which accounts for 20-30% of new immigrants annually, allows citizens or permanent residents to sponsor certain family members for permanent residency. Yet there has been very little research on experiences of this policy. Family reunification immigration, located at the intersection of the personal and the political, has been marginalized by masculinized policy disciplines that focus on macro-trends in immigration and render the family invisible, and by feminized disciplines that focus on the family and individual in immigration while rendering policy invisible. This dissertation fills that gap in the literature, using a critical policy studies approach informed by aspects of Critical Theory, intersectionality and Foucauldian interpretations of power. I explore the lived experiences of families as they apply to reunite through the family class stream, and of families who would like to apply to reunite but cannot. I used mixed methods—qualitative interviews and quantitative surveys—to collect data from 169 families, and 100 key informants who support applicant families, including lawyers, consultants, settlement workers and constituency office caseworkers. This approach and research design allowed me to expose and develop a deep knowledge of families’ experiences that have until now been marginalized. Findings show that, though the decision on an immigration application is important, a sole focus on that decision both excludes applicants’ vastly different experiences during the process and renders invisible those who cannot even apply. Diversity in experiences was closely related to interactions between different aspects of social location, and policy design and implementation. Applicants exercised many forms of initiative and agency, but were ultimately constrained by policy structures. The new Government has recently made promising changes, but we must ensure these changes are effective and continue to advocate for further improvements that would mitigate applicants’ negative experiences. Finally, more research needs to be done, most importantly on family reunification through immigration streams that were excluded from this study.

scholarly journals International migration: The state-sovereignty-migration nexus

2015 ◽  
Vol 11 (4) ◽  
Author(s):  
D. Chigudu
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Migration ◽  
International Standards ◽  
State Sovereignty ◽  
Host Countries ◽  
Irregular Migrants ◽  
Main Challenge

Commonly, international human migration is blamed for corroding states sovereignty, especially stemming from policy circles, academic literature and citizens of the host countries. This has attracted the attention of the media highlighting hazards of being a migrant, with some countries viewing migrants as enemies; and, Cuba provides a vivid case. Yet in other countries, migrants are viewed as important contributors to social and economic development, with Mexico, the Dominican Republic and India serving as examples. This article locates migrants in the framework of human rights as guided by international law without prejudice to the demands of state sovereignty, but linking the two in the context of developing international standards. Migration is seen as a feature of human history dating back to primordial time. Nothing appears surprising in the movement of people across borders, defining a migrant through emigration and immigration while giving due respect to the sovereignty of states, both sending and receiving. The article discusses the nexus between migrants and state sovereignty in order to highlight the mutual benefit grounded in international law. It attempts to portray a more positive image of the migrant person in light of the global world, socio-economic development and human rights fundamentals. The main challenge remains that of implementing human rights, which appear to be at the crossroads of individual rights and state sovereignty. The paper reveals how the challenge can be overcome while maintaining the structure of rights and freedoms without infringement on states’ sovereignty. It concludes that migrants remain on the periphery of effective protection from the vagaries of the citizens, partly because the state has a tendency to confine certain rights to its citizenry. States possess discretionary authority to control the ingress of foreign nationals into their territories though sometimes they fail to do that as evidenced by hundreds of millions of irregular migrants around the world. The paper reveals that, the symbiotic relationship between migrants, regular or irregular, and state sovereignty should be strengthened.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

La desaparición forzada de los normalistas de Ayotzinapa. Una tragedia para reflexionar desde la óptica del sistema interamericano de protección de los derechos humanos

2018 ◽  
pp. 97
Author(s):  
Pietro Sferrazza Taibi
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Rural Teachers ◽  
Teachers College ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos ◽  
Mexican State ◽  
The Creation ◽  
Precautionary Measures

ResumenLa desaparición forzada de los estudiantes normalistas ocurrida en septiembre de 2014 en las cercanías de la localidad mexicana de Ayotzinapa es una tragedia que, además de captar la atención de la prensa internacional, ha activado el funcionamiento de algunos mecanismos del sistema interamericano de protección de los derechos humanos. Este trabajo pretende analizar de qué manera la creación del Grupo Interdisciplinario de Expertos Independientes (GIEI) puede incidir en la determinación de la responsabilidad internacional del Estado Mexicano por el incumplimiento de los estándares internacionales interamericanos sobre prevención, investigación y sanción de la desaparición forzada. En aquel sentido, este trabajo se dividirá en tres secciones. En la primera de ellas se describirán brevemente los hechos, a fin de demarcar el contexto fáctico a partir del cual se reflexionará. La segunda sección hará referencia a la creación del GIEI en el marco de las medidas cautelares adoptadas por la Comisión Interamericana de Derechos Humanos (Comisión IDH) en este caso. En la tercera y última sección, se valorará si las obligaciones generales de respeto y garantía han sido vulneradas en este caso, centrando el foco de atención en los deberes específcos de prevención e investigación.Palabras clave: Ayotzinapa; Grupo Interdisciplinario de Expertos Independientes; Comisión Interamericana de Derechos Humanos; desaparición forzada.ResumoO desaparecimento forçado de estudantes normalistas acontecida em setembro de 2014 perto da cidade mexicana de Ayotzinapa é uma tragédia que, além de capturar a atenção da imprensa internacional, permitiu o funcionamento de determinados mecanismos do sistema interamericano de proteção dos direitos humanos. Este trabalho pretende analisar de que forma a criação do Grupo Interdisciplinar de Peritos Independentes (GIEI) podem afetar na determinação da responsabilidade internacional do Estado Mexicano pelo incumprimento dos padrões internacionais interamericanos sobre a prevenção, investigação e punição de desaparecimento forçado. Nesse sentido, este trabalho será dividido em três seções. No primeiro deles, os fatos serão brevemente descritos, a fm de demarcar o contexto factual a partir do qual será refletido. A segunda seção referirá a criação do GIEI no marco das medidas cautelaresadotadas pela Comissão Interamericana de Direitos Humanos (Comissão IDH) no presente caso. Na terceira e última seção, vai ser valorado se as obrigações gerais de respeito e garantia foram vulneradas neste caso, centrando o foco de atenção nos deveres específcos de prevenção e investigação.Palavras-chave: Ayotzinapa; Grupo Interdisciplinar de Peritos Independentes; Comissão Interamericana de Direitos Humanos; desaparecimento forçado.AbstractThe forced disappearance of the students of the rural teachers’ college in September of 2014 in the surroundings of the Mexican town of Ayotzinapa is a tragedy that, besides capturing the attention of the international press, has activated the functioning of some mechanisms of the Inter-American Human Rights Protection System. This work aims to analyze in which ways the creation of the Interdisciplinary Group of Independent Experts (GIEI) can underscore the determination of the international responsibility of the Mexican State for the non-compliance of the Inter-American international standards on prevention, investigation and punishment of the enforced disappearance. In that sense, this paper will be divided in three sections. The frst one will briefly describe the facts, to demarcate the factual circumstances from which it will be reflected. The second section will address the creation of the GIEI within the framework of the precautionary measures adopted by the Inter-American Commissionof Human Rights (IACHR) in this matter. The third and last section will evaluate whether the general obligations to respect and ensure human rights have been violated in this case, focusing on the specifc duties of prevention and investigation.Keywords: Ayotzinapa, Interdisciplinary Group of Independent Experts, Inter-American Commission of Human Rights, forced disappearance.

Reconciling Rights and Obligations

2003 ◽  
Vol 20 (3-4) ◽  
pp. 140-172
Author(s):  
Pernille Ironside
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Common Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Northern Nigeria ◽  
Law System ◽  
Constitutional Legality ◽  
Human Rights Norms ◽  
Criminal Matters

This article examines the debate concerning the recent reinstatement of Shari`ah law with respect to criminal matters in Northern Nigeria. The discussion explores the inherent challenges in reconciling the equally entrenched and passionate views of pro-Shari`ah supporters on their right to freedom of religion with those that question its application in terms of human rights norms and obligations, and its constitutional legality. The analysis concludes that Shari`ah laws can coexist with Nigeria’s common law system and remain relevant in the context of Islam, provided that its principles are adapted and modernized to comport with international standards for due process and are interpreted and applied consistently.

Popular Resource Sovereignty

2018 ◽  
Author(s):  
Leif Wenar
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Large Scale ◽  
Good Reason ◽  
Resource Curse ◽  
Civil Conflict ◽  
Popular Sovereignty ◽  
State Sovereignty ◽  
The People ◽  
Rich Countries

Article 1 of both of the major human rights covenants declares that the people of each country “shall freely dispose of their natural wealth and resources.” This chapter considers what conditions would have to hold for the people of a country to exercise this right—and why public accountability over natural resources is the only realistic solution to the “resource curse,” which makes resource-rich countries more prone to authoritarianism, civil conflict, and large-scale corruption. It also discusses why cosmopolitans, who have often been highly critical of prerogatives of state sovereignty, have good reason to endorse popular sovereignty over natural resources. Those who hope for more cosmopolitan institutions should see strengthening popular resource sovereignty as the most responsible path to achieving their own goals.

The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

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