ABSTRACT

‘Families are the lifeblood of our communities – the place where dreams are born, children are nurtured, adults find purpose, and life challenges are weathered.’ (Rice 1994: 321) Families matter to the individual but they also matter to communities and to society. The phenomenon of migration is not a new one but what has been noticeable to those working to support families in recent decades is the impact of migration on family life. The choices made to migrate and the consequences of the ever decreasing rights and entitlements for many non EU migrants in host countries have made this phenomenon pervasively interesting and of critical concern at the same time. One such complex issue within the study of migration is that of family unity. Jastram (2003) points out that this issue goes beyond individual and family decision-making and involves State decisions in relation to admission, stay and expulsion. It is made up of the constraints placed on States in separating existing families through expulsion of a member, and the ever decreasing entitlement to family reunification for families already separated and who wish to reunite. This chapter evaluates the issue of family unity from a human rights perspective, considering the impact of current discourse around migration from a gendered perspective and attempts to name some of the dilemmas which exist today within this sphere of law and policy. By assessing the implications of many of these policies for family life the aim is to see whether, and to what extent, women are disproportionately affected or disadvantaged by them. The particular focus of this chapter is the situation of individuals and families who have been granted refugee status and other complementary forms of protection following their crossing of State boundaries.