The paper analyses European legal protection of refugees and asylum seekers’ family ties, including same-sex relationships. It first describes how legal norms and policy, if implemented discriminatorily in the country of origin, constitute grave violations of basic human rights (e.g., prohibition of free marriage), grounding claims for international protection. Then, considering the beneficiaries of international protection, it focuses on their right to family life (including family reunification and unity) in EU law, which lays down a strict definition of family members, without reference to same-sex couples. In order to protect beyond the strict “family members” criteria, the case law of the European Court of Human Rights comprehends other ties (e.g., same-sex couple living in a stable relationship). Following this approach and taking into account cases on article 8 ECHR, it explores which family ties are considered worth of protection and therefore cannot be split apart through expulsion/return measures. © 2018, Fondazione Centro Studi Emigrazione. All rights reserved.

Human rights violation European court of human Rights Same-sex relationships protection Expulsion cases Family reunification

gender relations governance approach refugee legal system European Union human rights asylum seeker migrant worker