Family life
The right to family life is a core principle of international human rights law, which recognizes the family as the fundamental unit of society entitled to protection and assistance. This right encompasses the ability to form a family, live together, and maintain family relationships without arbitrary interference. States must not only refrain from disrupting family life but must also take positive, reasonable measures to preserve family unity and facilitate reunification, especially in situations of forced displacement.
For refugees, asylum-seekers, stateless persons, and IDPs, displacement and lack of nationality often results in family separation and heightened vulnerability. International standards—such as the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the 1951 Refugee Convention’s Final Act Recommendation B, and the Guiding Principles on Internal Displacement—require States to process reunification requests humanely, expeditiously, and with flexible evidentiary and procedural approaches tailored to the realities of displacement. The definition of “family” must be applied in an open, culturally sensitive, and case‑by‑case manner, extending beyond the nuclear family to include dependants and close personal relationships.
States are encouraged to ensure access to derivative refugee status for dependants, mechanisms to identify unaccompanied and separated children, and procedures that support family tracing, documentation, and reunification. Effective family reunification also requires access to travel documents, administrative assistance where foreign authorities cannot be contacted, and clearly stated grounds for any refusal.
Finally, domestic systems must provide effective remedies for violations of the right to family life and must consider family unity and the best interests of children in decisions that may lead to expulsion.