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The Child's Right to Family Unity in International Immigration Law*
Abstract
Family cohesion is crucial to refugee and immigrant children. National immigration policies frequently give discretionary preference to family reunification, but subject it to restrictions, and seldom does domestic law grant the refugee or the alien resident a right to prompt reunification with foreign family members. While recognizing a right to family life, international law did. not in the past recognize a right of entry for the alien for the purposes of family reunification. The Convention on the Rights of the Child, however, requires states to ensure the child's right to family unity and entitles all children to family reunification.
... During this decade family reunification emerged as a theme, reflecting the unhcr's priorities for refugee children (Abram, 1995). With the increase of unaccompanied and separated children arriving at the borders of EU states in particular, the literature, in turn, focused on how to address the protection needs of this particularly vulnerable group. ...
This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration.
However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.
... These include the right to an education, which shall be ‗compulsory and available free to all' at the primary level (Art 28); the right not to be deprived of liberty (e.g. by immigration detention) except as ‗a measure of last resort and for the shortest appropriate period of time' (Art 37); the right not to be separated from one's parents against one's will unless it is in the best interests of the child (Art 9); and the right to family reunification following separation (Art 10). The latter two rights are expressions of a value that has been widely accepted since the Universal Declaration of Human Rights: the family is the fundamental unit of society and the natural environment for the growth and well-being of all its members, particularly children (Abram 1995;Jastram 2003). This is expressly reaffirmed in the Preamble of the CRC. ...
Many migration theories identify ‘the law’ as a significant constraint on the international movement of persons. While this constraint often operates through national migration legislation, this study examines the influence of international law in shaping contemporary patterns in the international movement of persons at the macro level. The analysis begins with an examination of the long-established power of a State to regulate cross-border movement of persons as an inherent attribute of State sovereignty, together with the accepted limitations on a State’s power to control entry and exit. Yet, international law reaches well beyond the movement of people across borders. The development of international human rights law has been a key constraint on state action in the United Nations era by also regulating the treatment of migrants within a State’s borders. The study considers how international law has responded to current migration issues, including: protection of migrant women and children; suppression of smuggling and trafficking of people; labour migration; and environmental migration. As in other areas of international society, there has been a proliferation of institutions through which international migration law is made and enforced. The most prominent among them are the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), but the establishment of other entities with overlapping mandates has given rise to calls for a new international migration regime based on streamlined institutional arrangements. The study concludes that international law is an imperfect framework for regulating the international movement of persons because it has developed in a piecemeal fashion over a long time to deal with issues of concern at particular points in human history. Yet, despite its shortfalls, international law and its associated institutions unquestionably play a most important role in constraining and channe
... These include the right to an education, which shall be ‗compulsory and available free to all' at the primary level (Art 28); the right not to be deprived of liberty (e.g. by immigration detention) except as ‗a measure of last resort and for the shortest appropriate period of time' (Art 37); the right not to be separated from one's parents against one's will unless it is in the best interests of the child (Art 9); and the right to family reunification following separation (Art 10). The latter two rights are expressions of a value that has been widely accepted since the Universal Declaration of Human Rights: the family is the fundamental unit of society and the natural environment for the growth and well-being of all its members, particularly children (Abram 1995;Jastram 2003). This is expressly reaffirmed in the Preamble of the CRC. ...
Este informe es parte de un serie de publicaciones que presentan una agenda de datos y análisis sobre un tema en particular, con la finalidad de llamar la atención internacional para enfocarse en cuestiones y opciones políticas que pongan a las personas en el centro de las estrategias, con el objetivo de afrontar los retos de desarrollo en la actualidad sean económico, social, político y cultural. El estudio examina cómo el derecho internacional ha respondido a los temas actuales de migración, como protección de mujeres y niños migrantes; la supresión del contrabando y la trata de personas, la migración de mano de obra, y la migración del medio ambiente.
Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
The recent ratification of the Convention on the Rights of the Child by the Israeli Government is part of a welcome effort to ratify multilateral conventions dealing with human rights, some of which Israel had signed long ago. In addition to this Convention, the Israeli Government ratified, during the summer of 1991, the 1966 Covenant on Civil and Political Rights, the 1966 Covenant on Economic and Social Rights, the 1979 Convention on the Elimination of Discrimination against Women, and the 1984 Convention Against Torture. On the occasion of the ratification of the Convention on the Rights of the Child, this article discusses the legal implications of the ratification of human rights conventions to the Israeli legal system and to the legal systems in the occupied territories.
With domestic courts increasingly taking international human rights law into account in reaching their decisions, international human rights lawyers, many of whom in the past have concentrated exclusively upon the development and utilization of international procedures, no longer can ignore the enforcement possibilities afforded by domestic courts. This chapter will discuss in fairly straightforward fashion the role of domestic courts in enforcing international human rights law, both conventional and customary, and both directly and indirectly. The focus will be on the principles and rules governing cases in federal and state courts of the United States, since the problems raised in these cases are generally representative of the problems courts face in other countries. Moreover, U.S. courts in recent years have been in the forefront of developments in this area.
Since Israel's independence, the Supreme Court has been very active in establishing and securing an impressive edifice of human rights. Lacking a written constitution, the Court has based its constitutional jurisprudence on the democratic character of the state. It has developed an “Israeli made” bill of rights, relying on comparative studies, yet with little reference to the standards set in international human rights instruments.
Two legal events of the last three years may change the judicial attitude towards international human rights. The first major event was the Israeli government's ratification of important human rights conventions during 1991, first and foremost among them the 1966 Covenant on Civil and Political Rights, which has been named the “International Bill of Rights” (hereinafter: the 1966 Covenant).
Collectied volume examining the evolution of internaitonal human rights law and the impact on Canadian law on the eve of the 40th anniversary of the UDHR.
This is a study about unaccompanied children in emergencies: children who are separated from their families during wars, natural disasters, and refugee movements. Its primary purpose is to provide guidance for policy makers and program staff members in all phases of their dealings with unaccompanied children, from prevention through permanent placement. It aims to encourage the satisfaction of children's developmental needs and the protection of their rights. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Published for the 40th aniversary of IOM Incluye bibliografía
Thesis (LL. M.)--Columbia University, 1986. Includes bibliographical references (leaves B-1-B-9).
It is common ground that no provision on asylum is included in the European Convention on Human Rights. However, discretion with respect to negative decisions in asylum or deportation cases may still be restricted by, among others, articles 3,8 and 13 of the Convention; and in certain cases, asylum-seekers may not be removed from the territory of Contracting States. This raises the question, whether an implied right to dt facto asylum is inherent in the European Bill of Rights. This article puts its main emphasis on article 3 (the right to freedom from torture and other ill-treatment), and article 13 (the right to an effective remedy), and their connection in asylum cases. With respect to article 3, particular attention is paid to the 1989 judgment of the European Court of Human Rights in Sotring v. Unittd Kingdom. The facts in this case concerned a request for the extradition of a Cerman citizen charged with murder in the United States of America, but some of the principles laid down by the Court seem bound to have an important bearing on more typical asylum cases. Evaluating the European system, the author concludes that the rights in question, taken together, give meaning and content to the notion of an implied right to dt facto asylum under the Convention. The practical effect of such an implied right may be questioned, although its potential is much greater than the numbers of successful applications before the Commission of Human Rights might suggest. The article concludes with some implications for international law in general. At present, the most interesting perspective nevertheless remains linked to the European system of human rights, and the role and leadership of the European Court of Human Rights in future asylum cases
This paper analyses, in a simple two-region model, the undertaking of noxious facilities when the central government has limited prerogatives. The central government decides whether to construct a noxious facility in one of the regions, and how to …nance it. We study this problem under both full and asymmetric information on the damage caused by the noxious facility in the host region. We particularly emphasize the role of the central government prerogatives on the optimal allocations. We …nally discuss our results with respect to the previous literature on NIMBY and argue that taking into account these limited prerogatives is indeed important.
The European System for the Protection of Human Rights
- G. COHEN-JONATHAN
The Best Interests of the Child: Reconciling Culture and Human Rights
- PHILIP ALSTON
Immigration: Process and Policy
- THOMAS ALEXANDER ALEINIKOFF
Refugees - The Trauma of Exile: The Humanitarian Role of Red Cross and Red Crescent
- BA THIEN NGUYEN
- BRIGITTE MALAPERT
Refugee Policy - Canada and the United States
- MORTON BEISER
U.N. Faces Refugee Crisis that Never Ends: Forced to Flee ‐ A Special Report
- DARNTON JOHN
Zur Rechtsstellung der Auslander nach osterreichischem Recht
- Gerhard Michael Geistlinger
- Harald Lebjtsch
- Stolzlechner
Children's Rights in America: U.N. Convention on the Rights of the Child Compared with United States Law
- CYNTHIA PRICE COHEN
Die Rechtsstellung von Auslandern nach staatlichem Recht und Volkerrecht in Griechenland[The Legal Position of Aliens in National and International Law in Greece
- P D Daftoglou