family reunification
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Author(s):  
Christian Whalen

AbstractArticle 10 provides international human rights codification of basic principles that apply in related Hague Convention treaties regarding international travel by children or parents for the purpose of family reunification and visits to maintain relations and personal contact. This chapter looks at the drafting history of Article 10 and related international legal materials, as well as the general principles and related provisions of the UNCRC to outline the substantive content of Article 10. It sets out three main attributes of Article 10, from which indicators of child rights implementation can be derived. These are: (1) the need to treat requests to enter or leave a country for family reunification in a positive, humane, and expeditious manner; (2) ensuring that requests to leave or enter a country entail no adverse consequences for parents, children, or their families; and (3) maintaining relations and personal contacts with both parents if residing in separate states.


Author(s):  
Светлана Станиславовна Пиюкова

Статья посвящена рассмотрению психологических основ совместного пребывания осужденных женщин с детьми в отделениях матери и ребенка пенитенциарных учреждений различных стран. Раскрывается значение регулярных контактов осужденной женщины со своим ребенком на протяжении всего срока ее пребывания в исправительном учреждении. Характеризуется влияние ограничения контактов с матерями, находящимися в местах лишения свободы, на развитие психики их детей. Авторами статьи обосновывается роль поддержания отношений между матерями и детьми как одного из факторов, способствующих увеличению вероятности успешного воссоединения семей после освобождения женщин из мест лишения свободы. Рассматриваются существующие в настоящее время в международной пенитенциарной практике решения по созданию условий для содержания осужденных женщин с детьми в исправительных учреждениях. Характеризуются задачи отделений матери и ребенка, а также приводятся примеры из практики их организации в пенитенциарных системах США, Канады, Великобритании, Новой Зеландии, Германии и других стран. Приводятся данные исследований, свидетельствующие об эффективности работы отделений матери и ребенка. Анализируются аргументы сторонников и противников содержания осужденных женщин с детьми в исправительных учреждениях. Обосновывается тезис о необходимости достижения баланса в удовлетворении потребностей ребенка, с одной стороны, и организации условий для совместного содержания осужденных женщин с детьми в исправительных учреждениях, принимая во внимание вопросы безопасности и серьезность правонарушений со стороны матери. The article is devoted to the examination of the psychological foundations of the joint stay of convicted women with children in the mother and child wards of penitentiary institutions in different countries. The significance of regular contacts between a convicted woman and her child throughout the entire period of her stay in a correctional institution is revealed. The influence of limiting contacts with mothers in prison on the development of the psyche of their children is characterized. The authors of the article substantiate the role of maintaining relations between mothers and children as one of the factors contributing to an increase in the likelihood of successful family reunification after the release of women from prison. The author considers the solutions currently existing in international penitentiary practice to create conditions for the detention of convicted women with children in correctional institutions. The tasks of mother and child departments are characterized, and examples from the practice of their organization in the penitentiary systems of the USA, Canada, Great Britain, New Zealand, Germany and other countries are given. Research data showing the effectiveness of the work of the mother and child departments are presented. The arguments of supporters and opponents of keeping convicted women with children in correctional institutions are analyzed. The thesis is substantiated that it is necessary to achieve a balance in meeting the needs of the child, on the one hand, and to organize conditions for the joint detention of convicted women with children in correctional institutions, taking into account the issues of safety and the seriousness of offenses on the part of the mother.


2021 ◽  
Vol 23 (3) ◽  
pp. 245-283
Author(s):  
Chris Downes

Abstract The increase in numbers of children travelling unaccompanied to Europe has provoked a sensitive debate as to how to treat their family members. While EU Member States generally grant family reunification for unaccompanied minors, the UK has opted to permit reunion in only ‘exceptional circumstances’. Widely criticised, the UK government counters that child-sponsored family reunification creates incentives for unaccompanied migration that place children at risk. This article explores both policies from a human rights perspective. It suggests that, as regards children reaching Europe, EU policy is more consistent with human rights norms. However, UK policy raises legitimate questions about obligations towards children beyond Europe’s borders. A rights-based justification for either EU or UK policy can be constructed, but requires recourse to additional principles on the balancing of rights among different groups of children. Clearer articulation and scrutiny of these principles could strengthen the rights rationale for child-sponsored family reunification.


2021 ◽  
Vol 5 (02) ◽  
Author(s):  
Christos Stefanou ◽  
Nikos Katsos

Omid is a 15 years old refugee from Afghanistan. He and his family escaped persecution in their homeland and started their trip to Western Europe. They managed to reach Greece, but in the summer of 2016 the borders closed. His family was split. Now he lives in a refugee camp in Athens with his mother and sisters waiting for the family reunification decision. A short film about a young refugee, trying to come to terms with the liminality of the waiting status in a refugee camp in Greece. 


2021 ◽  
Vol 46 (3) ◽  
pp. 266-284
Author(s):  
ANA ELENA PUGA

Like earlier mother activism in Latin America, the annual Caravana de Madres Centroamericanas (Caravan of Central American Mothers) through Mexico strategically activates the traditional archetype of mothers as passive, pious, suffering victims whose self-abnegation forces them, almost against their will, out of their supposedly natural domestic sphere. Three elements, however, distinguish the caravana from earlier protests staged by mothers. First, this protest crosses national borders, functioning as a transnational pilgrimage to the memory of the disappeared relative. This stage-in-motion temporarily spotlights and claims the spaces traversed by undocumented Central American migrants in Mexico, attempting to recast those migrants as victims of violence rather than as criminals. Second, through performances of both devotional motherhood and saintly motherhood, the caravana's mother-based activism de-normalizes violence related to drugs and migration. Third, performances of family reunification staged by the caravana organizers take place in the few cases in which they manage to locate family members who have not fallen prey to violence but have simply resettled in Mexico and abandoned or lost touch with families left behind in Central America. These performances of family reunification serve important functions: they shift the performance of motherhood from devotion to saintly tolerance, patience and forgiveness – even toward prodigal offspring who were ‘lost’ for years; they provide a chance for other mothers to vicariously feel joy and hope that their children are still alive; they exemplify world citizens challenging incompetent or indifferent nation state authorities; and they enact a symbolic unification of Central America and Mexico in defiance of contemporary nation state borders.


Author(s):  
Camilla Hvidtfeldt ◽  
Jørgen Holm Petersen ◽  
Marie Norredam

Abstract Purpose To examine whether family separation caused by prolonged waiting for family reunification is associated with the risk of mental disorders among refugee fathers. Method Based on full-population Danish registry data covering 1995–2015, we mapped arrival patterns among nuclear refugee family members resettled in Denmark (n = 76,776) and established a cohort of refugee fathers (n = 6176) who all arrived alone and later obtained family reunification with their wife and children. The fathers were followed for up to 24 years, from the day their residence permit was issued until their first psychiatric diagnosis, emigration, death, or study end, whichever came first. Using Cox proportional hazard regression, we estimated hazard ratios (HRs) of being diagnosed with a mental disorder (i) for the period while the fathers were still separated from their family and (ii) across varying lengths of family separation. Results The HR of any mental disorder was 2.10 (95% confidence interval (CI): 1.57–2.81) for fathers still separated from their family compared with those who had obtained family reunification. The HR increased with longer family separation. Compared with fathers separated for < 9 months, the HR of any mental disorder was 1.43 (95% CI 1.08–1.89) for 9–11 months’ separation, increasing to 2.02 (95% CI 1.52–2.68) for 18–23 months’ separation. Results were driven by post-traumatic stress disorder. Conclusion Fathers waiting for their wives and children face an increased risk of mental disorders. Countries receiving refugees should be aware that delaying family reunification can lead to adverse mental health effects.


2021 ◽  
Vol 4 (1) ◽  
pp. 69-83
Author(s):  
Hugo Balnaves

Danish legislation has made it increasingly difficult for Danish citizens who have not exercised their free movement (static EU citizens) to have their third country national (TCN) family member(s) reside with them in Denmark under family reunification. On the other hand, EU citizens (mobile EU citizens) who have exercised their free movement and reside in Denmark with their TCN family member(s), have access to far more generous EU family reunification legislation. This article explores the extent to which reverse discrimination effects Danish citizens compared to mobile EU compatriots living in Denmark and how this interacts with EU citizenship rights such as free movement and the fundamental right to family life.


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