Doc. 9436

7 May 2002

Human mobility and right to family reunion

Motion for a recommendation

presented by Mrs Aguiar and others

1.       There is now a growing number of women and men involved in migration flows. Even though it is still mainly men who leave their country first – whether for economic reasons or as refugees – more and more women are setting off on their own.

2.       In the 1970s, in Europe, the influx of women into the labour market in connection with family reunification at a time of sharp slowdown in migration flows led to talk of the “feminisation” of immigration.

3.       It is important to clarify current trends in this area and also to gather information about the legal framework with regard to today’s expatriation flows, ie the possibilities for family reunification and the practical barriers to family reconstitution in this context.

4.       The reconstitution of refugees’ and migrants’ families by means of family reunion is a humane solution in keeping with human rights principles and in the interest of social cohesion.

5.       Restrictive conditions on family reunion in migration policies of some Council of Europe member states have a negative impact on the implementation of this basic human right, and is against the interests of the host society as a whole.

6.       There is no harmonisation of regulations relating to the reunification of families between the states and no minimum standards have been defined. It is a matter of concern that governments have wide discretion and often examine applications for family reunion on a case-by-case basis using different definitions of the family.

7.       The Assembly recommends that the Committee of Ministers:

i. carry out a study on international instruments and national legislation in this area;

ii. initiate the introduction of legal guarantees to safeguard the right to family reunion and protect individuals from arbitrary acts and decisions on the part of public authorities, as well as the harmonisation of regulations at European level according to the highest standards.

Signed (see overleaf)

Signed : ¹

Aguiar, Portugal, EPP

Agudo, Spain, SOC

Bušić, Croatia, EPP

Davis, United Kingdom, SOC

Iwiński, Poland, SOC

Laakso, Finland, UEL

López González, Spain, SOC

Marty, Switzerland, LDR

McNamara, United Kingdom, SOC

Torrado, Spain, SOC

Vermot-Mangold, Switzerland, SOC

¹        SOC: 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 in a group