Realising the right to family reunification of refugees in Europe

· Council of Europe
Ebook
58
Pages
Eligible

About this ebook

In the case of refugees, broadly understood, the right to respect for their family life requires swift and effective family reunification.

For refugees, the right to family reunification is crucial because separation from their family members causes significant anxiety and is widely recognised as a barrier to successful integration in host countries. Well-designed family reunification policies also help create the safe and legal routes that are necessary to prevent dangerous, irregular journeys to and within Europe.

Despite the importance of facilitating family reunification for both refugees and European states, the trend is now towards imposing greater restrictions in this area. This paper assesses restrictions on the right to family reunification, as enshrined in United Nations human rights treaties, the case law of the European Court of Human Rights and European Union law, and shows that many of the legal and practical restrictions currently in place raise concerns from a human rights perspective.

Based on this analysis, the Council of Europe Commissioner for Human Rights sets out a number of recommendations to member states intended to assist national authorities in re-examining their laws, policies and practices in order to give full effect to the right to family reunification, for the benefit of both refugees and their host
communities.

About the author

 

The Council of Europe advocates freedom of expression and of the media, freedom of assembly, equality, and the protection of minorities. It has launched campaigns on issues such as child protection, online hate speech, and the rights of the Roma, Europe's largest minority. The Council of Europe helps member states fight corruption and terrorism and undertake necessary judicial reforms. Its group of constitutional experts, known as the Venice Commission, offers legal advice to countries throughout the world.

The Council of Europe promotes human rights through international conventions, such as the Convention on Preventing and Combating Violence against Women and Domestic Violence and the Convention on Cybercrime. It monitors member states' progress in these areas and makes recommendations through independent expert monitoring bodies. Council of Europe member states no longer apply the death penalty.

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