ABSTRACT
In the landmark case Boultif, decided in 2001 by the European Court of Human Rights (ECHR), the Algerian national Mr Boultif was under threat of expulsion by Switzerland because of criminal offences. In this case, the European Court set up guidelines for deciding cases of public order. This chapter addresses the meaning of the Court’s decision for the position of the female partner, the Swiss Mrs Boultif. The issue at stake is the right of women (migrant women and female citizens) to establish their family life with a migrant partner in their country of permanent residence, or citizenship. More specifically, I am interested in the ways implicit, gendered norms determine and limit women’s right to establish their family life. I shall confine myself to three kinds of implicit norms and their role in the case law of the European Court of Human Rights and the European Court of Justice (ECJ). The three norms under discussion are cultural ties, parenthood and love.
