The Equality Challenge
Edited by Sonia Morano-Foadi and Micaela Malena
Chapter 17: The adaptation of Spanish Law on family reunification to International and European Law
Migration Law constitutes a really interesting platform from which to analyse the possibilities for reconciling States’ right to manage migratory flows with migrants’ human rights. International Law allows States to control the entry, residence and expulsion of non-nationals from their territories. The United Nations General Assembly (hereafter the Assembly) Resolution on Protection of Migrants of 2010 recognises that States have such a faculty when it refers to their sovereign right to enact and implement migratory and border security measures. However, it also requests States to adopt concrete measures to prevent the violation of the human rights of migrants in this context (para. 4, e). In general, contemporary International Human Rights Law (IHRL) imposes on States certain obligations limiting their ability to decide who should be admitted or returned. This combination of powers and duties of States must be taken into account when it comes to analysing migratory policies and laws adopted by States, including those concerning the regulation of family reunion.
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