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The Human Rights of Migrants and Refugees in European Law$
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Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

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Human Rights to Family Life and Family Migration

Human Rights to Family Life and Family Migration

(p.103) 4 Human Rights to Family Life and Family Migration
The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

Oxford University Press

The human right to family life provides the basis for national and supranational judicial scrutiny of restrictions on migration of families, in particular family reunification. Family migration includes families reunifying after one family member has migrated, families migrating together, and family formation migration where couples and children migrate to be together. The chapter elucidates the complex role of migration laws, including those of the EU, in creating highly stratified family migration entitlements, depending on the status of the sponsor. While EU Citizens, and some migrants under the EU Family Reunification Directive enjoy relatively strong rights to family reunion, ECHR protections remain weak in deference to States’ migration control prerogatives. Interactions across these fields are explored, some progressive, some regressive.

Keywords:   family migration, EU Family Reunification Directive, Article 8 ECHR, Citizenship of the Union, stratification of migrant rights, spousal migration, children’s rights

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