Reunion of migrants' and refugees' families

Motion for a Recommendation

Doc. 7861

30 June 1997

presented by Mrs Manuela Aguiar and others

1.Right to family life is one of the basic human rights guaranteed by international legal instruments, including the Universal Declaration of Human Rights and the European Convention on Human Rights.

2.Family reunion constitutes an important element in the implementation of this right with regard to migrants and refugees.

3.The right to family reunion for migrant workers is a clearly specified provision of the revised European Social Charter, opened for signature since 5 May 1996.

4.Restrictive measures taken by many Council of Europe member states in migration policies over the last few years have had a negative impact on the implementation of this basic human right.

5.Considerable differences may be observed in this respect among particular states.

6.The Parliamentary Assembly,

• concerned by the lack of harmonisation and minimum standards in the regulations governing family reunion in Council of Europe member states;
• anxious that certain Council of Europe member states place considerable restrictions on family reunion;
• worried that the lack of social benefits for the family, as well as the situation of family members with regard to employment, often make it impossible for a family to reunite;
• convinced that there is a need for protection of the individual against arbitrary action by public authorities in this respect;
• aware of the importance of the legal guarantees which should safeguard family reunion;

Recommends that the Committee of Ministers:

i. re-examine the concept of family, including de facto family members (natural family), in the context of migration, taking into account all categories of migrants;

ii. promote the harmonisation of member states' policies in respect of family reunion through the elaboration of a European convention or recommendation to governments which would set minimum standards.

 

 

Signed: (1)

Aguiar, Portugal, EPP

Arnold, Denmark, LDR

Brasseur, Luxembourg, LDR

Busic, Croatia, EPP

Christoudoulides, Cyprus, UEL

Chyzh, Ukraine, UEL

Clerfayt, Belgium, LDR

Dundee, United Kingdom, EDG

Laakso, Finland, UEL

Minkov, Bulgaria, LDR

Sincai, Romania, SOC

Vella, Malta, EPP

Note: 1SOC: Socialist Group

EPP: Group of the European People's Party

EDG: European Democratic Group

LDR: Liberal, Democratic and Reformers Group

UEL: Group of the Unified European Left

NR: Not registered not registered in any political group