Abstract
The concept of family reunification is well established in contemporary migration laws,
at both the national and international levels. Focusing on international and EU law, in
this article I argue that while existing provisions on family reunification are formulated
in neutral language, from the gender point of view the enforcement of these substantively
neutral rules may, in certain situations, result in discrimination, or at least bring about
negative consequences, with respect to women in cases both when they are the sponsors of
migration or the bearers of consequences of male migration. Following presentation of the
international legal framework on family reunification and the relevant international jurisprudence,
I deal with some rather common aspects relating to the personal scope of family
reunification regulations, covering only the issues of who can, and who cannot, join their
family member(s)/sponsor(s) in a foreign country (i.e. the unmarried minor rule, excluded
forms of marriages – polygamous and forced marriages - and age limits). Some procedural
aspects of family reunification are then dealt with (waiting periods, delays in proceedings,
and end of a relationship as a cause for termination of residence rights.). These issues
are examined with respect to concerns that they may cause indirect, or even direct, gender
discrimination in some cases, while in others they may affect women more negatively
than men.
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