Migrant rights initiative

Protection of the Human Right to Family Unity

One category of rights protections evaluated in the MRD is the right to family unity and its consequence in the context of migration. This report summarizes whether States provide settled migrants with legal avenues to facilitate reunification with family members, whether same sex marital relationships are recognized under the family unity framework and whether there is a judicial remedy to challenge the refusal by authorities to allow family formation/reunification. Forty countries studied provide a legal avenue for family reunification. Twenty-nine of those make such an avenue conditional on legal status or some other factor. Twenty-six countries studied extend legal avenues for family reunification to same sex marital relationships. Three of those make such an avenue conditional on legal status or some other factor. Thirty-seven countries studied provide a right to judicial remedy. Six of those make such a right conditional on legal status or some other factor.

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The Migrant Rights Initiative conducts cutting-edge, interdisciplinary research on the human rights of migrants and then fosters opportunities for innovative action that reshapes the way governments treat people who cross international borders. Our Migrant Rights Database (MRD) evaluates how countries protect and implement 17 categories of rights according to 65 standardized indicators, based on the Initiative’s International Migrants Bill of Rights (IMBR).

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