EU or UK Child-Sponsored Family Reunification Policy: Who’s Right? Whose Rights?

Abstract

The increase in numbers of children travelling unaccompanied to Europe has provoked a sensitive debate as to how to treat their family members. While EU Member States generally grant family reunification for unaccompanied minors, the UK has opted to permit reunion in only ‘exceptional circumstances’. Widely criticised, the UK government counters that child-sponsored family reunification creates incentives for unaccompanied migration that place children at risk. This article explores both policies from a human rights perspective. It suggests that, as regards children reaching Europe, EU policy is more consistent with human rights norms. However, UK policy raises legitimate questions about obligations towards children beyond Europe’s borders. A rights-based justification for either EU or UK policy can be constructed, but requires recourse to additional principles on the balancing of rights among different groups of children. Clearer articulation and scrutiny of these principles could strengthen the rights rationale for child-sponsored family reunification.