1 ADVOCACY BRIEF CRISIS IN EUROPE Refugee and Migrant © UNICEF/UNI200006/GILBERTSON VII PHOTO © UNICEF/UN012729/GEORGIEV May 2016 unite for children The Right of the Child to Family Reunification A. Overview and Main Recommendations I. Introduction Family life is one of the fundamental pillars of our cultures and societies, and it largely impacts the protection and wellbeing of its individual members. As such, the right to family life and the principle of family unity are recognised and protected by several international legal instruments. 1 Family life is even more important when it comes to children, who, because of their age and development, are more in need of care, support and protection by their parents and other family members. In a humanitarian situation, children count even more on their family members for a sense of stability, protection and support. In such situations, however, the risks of losing one’s family are high. Family separation might occur by accident as a result of crisis situations, movement restrictions, etc. It might also be a protective and coping measure undertaken by parents and/ or children, when the situation becomes life-threatening and resources are exhausted. In all cases, family separation increases distress and instability in children, and negatively impacts their capacities to cope and integrate in the host society. Apart from forced migration and displacement in a humanitarian context, there are other numerous linkages between family life and migration. On the one hand, family reunification is a common reason for migrants to enter Europe. 2 On the other hand, migration shapes family life for those who, for various motives, leave their country of origin. Currently many children remain at home once their parents migrate, while others migrate with them, or independently from them. In all of these cases, the inter- connection between migration and family life strongly impacts child rights. 1 Article 16, Universal Declaration of Human Rights, available at: http://www.un.org/en/univer- sal-declaration-human-rights/. Article 8, European Convention of Human Rights 2 The numbers of newly arrived non-EU families have remained rather stable in the EU from 2008- 2013, reaching approximately half a million per year, see for more: Migrant international policy index 2015, family reunification, available at: http://www.mipex.eu/family-reunion II. The Convention on the Rights of the Child The Convention on the Rights of the Child (CRC) goes further than other legal instruments in defining what the right to family life entails. First, it refers to the right of the child not to be separated from his or her parents against their will, except when competent authorities determine, according to the law, that such separation is in the best interests of the child. Secondly, it states that every child separated from his/her family has the right to maintain personal relations and direct contact with both parents on a regular basis, except if this is contrary to the child’s best interests. Thirdly, it specifically recognises the right to enter and remain in a territory so that the child can be reunified with his/her parents. 3 3 Articles 9 and 10, UN Convention on the Rights of the Child, available at: http://www.ohchr.org/en/ professionalinterest/pages/crc.aspx
The Right of the Child to Family Reunification
Jul 10, 2023
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