Love Thy Neighbour: Family Reunification and the Rights of Insiders

Love Thy Neighbour: Family Reunification and the Rights of Insiders © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/138836409X12469435402774 European Journal of Migration and Law 11 (2009) 235–252 brill.nl/emil Love Th y Neighbour: Family Reunifi cation and the Rights of Insiders Betty de Hart Associate Professor, Centre for Migration Law/Institute for Sociology of Law Radboud University Nijmegen, Th e Netherlands Abstract Th is article looks at the extent and way in which the European Court of Human Rights takes the interests of insider spouses (citizens or permanent residents) into account in Article 8 ECHR cases (right to family life). It uses Caren’s three moral principles for family reunifi cation policies as an analysing tool for the evaluation of the Court’s fi rst admission and expulsion cases, and looks at the underlying notions of gender and ethnicity. Th e author concludes that insiders’ interests play only a marginal role in the case law and off ers several explanations. Although the Court has acknowledged that family reunifi cation is about insiders, it has not taken the consequences of such a position into account. It does not look at the ties of the insider spouse to his or her country of citizenship or residence. It sees the relationships of insider women with http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Love Thy Neighbour: Family Reunification and the Rights of Insiders

European Journal of Migration and Law, Volume 11 (3): 235 – Jan 1, 2009

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/138836409X12469435402774
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/138836409X12469435402774 European Journal of Migration and Law 11 (2009) 235–252 brill.nl/emil Love Th y Neighbour: Family Reunifi cation and the Rights of Insiders Betty de Hart Associate Professor, Centre for Migration Law/Institute for Sociology of Law Radboud University Nijmegen, Th e Netherlands Abstract Th is article looks at the extent and way in which the European Court of Human Rights takes the interests of insider spouses (citizens or permanent residents) into account in Article 8 ECHR cases (right to family life). It uses Caren’s three moral principles for family reunifi cation policies as an analysing tool for the evaluation of the Court’s fi rst admission and expulsion cases, and looks at the underlying notions of gender and ethnicity. Th e author concludes that insiders’ interests play only a marginal role in the case law and off ers several explanations. Although the Court has acknowledged that family reunifi cation is about insiders, it has not taken the consequences of such a position into account. It does not look at the ties of the insider spouse to his or her country of citizenship or residence. It sees the relationships of insider women with

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2009

Keywords: GENDER; CITIZENSHIP; RIGHT TO FAMILY LIFE; 8 ECHR; FAMILY REUNIFICATION

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