International Human Rights Frameworks in Relation to National Family Reunification Policy and Administrative Practice

Abstract

Abstract This chapter gives an overview of the laws, policies and administrative practices that dictate family reunification in the countries discussed in this book, providing a frame of reference for considering specific questions of family separation in selected countries. First, we discuss the global and regional framework for international and human rights law. Brief country studies follow, focusing on the challenges forced migrants encounter with family reunification in Europe, the Americas and the Middle East: Sweden, Finland, Germany, the United States, Brazil, Israel, Jordan and Lebanon. The chapter concludes by bringing out aspects of migration policy that affect the enjoyment of family unity and the human right to respect for family life in these countries. We demonstrate that a variety of obstacles need to be overcome to have access to family reunification, reflecting the lack of clear rights to family reunification in international and human rights law. While some countries have legal restrictions in place, other countries have instituted administrative practices that prevent families from living together.

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