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The right to family life : guidelines

Alexane Wiertz

The UN Refugee Agency (UNHCR) has written guidelines about the international standards relating to family reunification. The purpose is to guide and support governments and policy makers about the legislation but also international entities, civil society, human rights institutions. 


When people flee to another country, they are often separated from their families. This can have harmful consequences on their mental health, emotional well-being and on their integration in the country of asylum. Especially for children separated from their families, who may suffer from psychological trauma. 


However, the right to family life exists. The United Nations “recommends governments to take necessary measures for the protection of the refugee’s family, especially with a view to ensuring that the unity of the refugee’s family is maintained”. The Executive Committee of the High Commissioner’s Programme (ExCom) is calling on the state to facilitate procedures and make efforts to reunite families. No discrimination can be accepted, whether based on gender, age or the manner of arrival. 


There is no legal definition of family. All states adopt their national laws. Marriage is an indication of a family as well as having children. To recognize family members, it is important to consider the extended family and the concept of dependency. Of course, the concept of dependency considers children but also people who depend on someone for economic or social reasons, for example. It could be elderly parents or someone with a disability. 


Family diversity. Picture by Veronika Oliinyk, iStock.

What should states do? 

  • All states should have clear procedures in all possible languages so that everyone can understand them. 

  • If the consular offices are not accessible in their area, states should encourage flexible approaches like online applications to permit legal representatives to handle certain processes. Especially since it can be dangerous for women and children to travel alone, they can be exposed to gender and age-related risks. 

  • States are encouraged to be more flexible with the immigration policy framework. States set specific criteria like a minimum income for the receiving family member, along with requirements for health insurance, housing, etc. It’s difficult for refugees to face these criteria because of language barriers, lack recognition of work experiences and education qualifications. 

  • It’s the same for the fees imposed for family reunification. States should reduce it or be able to provide financial assistance schemes. 

  • Refugees need a lot of documents or certifications for family reunification, but it happens that this kind of documents have been destroyed because of a conflict or because of gender-related discrimination. To help refugees, states should provide administrative assistance

  • To prove a family relationship, a DNA test can be conducted. States must ensure that the dignity of the individual is preserved. Even if the DNA test is inconclusive, states should consider cultural and social approaches. 


A focus on children:

States are required to take proactive steps to ensure family reunification for children whose families have been separated. States should do the best for children, it means that they must think about the rights of children but also to think about their mental health, education and needs. Family reunification is not the best if the child suffers from abuse or neglect. States should cooperate with the International Red Cross and Red Crescent Movement to find the parents of unaccompanied or separated children. 


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