The right to a family life:
Six propositions concerning the right of third-country nationals in
Europe to a family life
A Green Party Euro-elections briefing, in response to questions from
the European co-ordination for foreigners' right to family life"
1. The right to family life: a
basic right that must not be subjected to discrimination
Questions concerning
immigration policy and the right of asylum are complex and controversial, even
among associations. But we all assert that the right to family life - above
all, the right to unite one's family - is a fundamental right. We insist that
immigrants coming from other countries must have the same rights and the same
responsibilities as EU citizens.
Green view:
"I
assert, support and will uphold this right, and would refer you to the Green
Party's official standing policy in the Manifesto for a Sustainable Society (www.greenparty.org.uk/policy):
MG401
We will allow the partners, prospective partners, immediate families and
prospective families of British residents to join them without excessive delays
or unreasonable requirements for proof of relationship. This will be
independent of the financial status of the resident and will not be dependent
on her/him providing accommodation...
MG402
A person's right to stay will not be linked to that of partners or families but
will be independent. Families will not be divided by deportation unless the
deportee poses a serious danger to public safety.
MG403 We will abolish the 'primary purpose' rule under which partners are
refused entry if it is thought that the primary purpose of relationship is for
them to gain entry to the UK."
2. The right to unite freely with the partner of one's choice and to
reunite one's family in the country where one legally resides
We affirm that states do not
have the right to prevent foreigners who live and work legally within their
territory to unite freely with the partner of their choice or to reunite the
members of their family who are dependent on them. It is intolerable to prolong
their separation: recent settlers should be granted this right within one year.
Green view:
"I
assert, support and will uphold this right, and would refer you to the
aforementioned Green Party policy.
3. The social rights of immigrant families
States should accept these
family members with conditions that foster their social and economic
integration. We believe that all states should:
-
facilitate
immigrants' acquisition of the language of their new country;
-
give
them the right to housing;
-
grant
them the same access to health care as nationals;
-
ensure
equal opportunities for their children through quality education and training;
-
provide
those who are of working age with immediate access to employment and offer them
training to facilitate their socio-professional insertion.
Green view:
"I
entirely agree with all of this, with the additional assertion that 'access to
employment' should be provided on a basis of equality and the protection of the
rights of all workers to fair pay and working conditions,
and that all those not in employment should be entitled to an unconditional
Citizens' Income sufficient to guarantee a reasonable standard of living."
4. Equal legal treatment
We affirm that all states must, through
equal justice for all, guarantee that immigrants whose primary family ties are
in Europe receive the same treatment as nationals who commit offences, with no
"double punishment" depriving them of their family.
Green view:
"I agree with this, subject
only to an overriding consideration of "serious danger to public
safety" mentioned above."
5. European citizenship of residence
We are convinced that the peace and
social cohesion necessary for peoples to live together in Europe will be
possible only if states accept a new European citizenship, accessible to all
persons residing within the Union, allowing all to share the same
responsibilities and the same rights in order to construct their common future
together.
Green view:
" I agree with this, with the additional assertion
that EU citizenship rights should be an extension of existing rights, not a
weakening or replacement of them. I would refer you to the Manifesto for a Sustainable Society:
Citizenship
EU730
The Green Party believes the achievement of full local, regional and national
citizen rights for all residents in Europe should be the priority.
EU731
We oppose the use of requirements that citizens be descended from citizens to
exclude other residents from citizenship. We are particularly concerned that
such requirements are used to discriminate against ethnic minorities. (see EU710)
EU732
Our comprehensive policies on extending citizenship in this country are in the
Nationality and Migration section of the Manifesto. They meet the objective set
out in EU730.
EU733 Whilst the
creation of an additional "European Union citizenship" is a welcome
development, it is no substitute for full local, regional and national citizen
rights for all residents. Nonetheless, its extension to non citizen residents
such as "guest workers" would increase their rights, and would be
useful in the short term. At present it is given only to citizens of other EU
countries."
6. Administrative regularisation
We believe that measures must be taken by
the states of the European Union to regularise the situation of illegal
foreigners who have established strong ties with the countries in which they
live.
Green view:
"Regularisation"
is not necessarily the best way to promote human rights. For example, the
policy of the Green Party of England & Wales is that "Migrants illegally
in the UK for over five years will be allowed to remain unless they pose a
serious danger to public safety" (MG405), and we would not wish to see
this policy weakened to "regularise" it with an EU-wide norm.
What should be "regularised"
is a set of minimum standards.
I
would refer you to the Manifesto for a Sustainable
Society:
EU780 The Green
Party is opposed to the development by the European Union of a common border
and migration policy. We believe the role of the European level should be to
set minimum standards to be met by all in the context of human rights for migrants
in Europe.
EU781
We consider that separate national policies offer more scope for countries to
meet their differing historic obligations to migrants, and to provide for
refugees and asylum seekers.
EU782
The Green Party’s liberal policies on migration to this country and the rights
of migrants would meet such obligations. They are set out in the Nationality,
Migration and Refugees & Asylum Seekers sections of the Manifesto.
EU783
One of the "compensatory measures" introduced under the Schengen
Convention is far stricter control of the external borders of the Schengen
area. This includes moves towards the development of a common and very
restrictive policy towards refugees and asylum seekers. We are opposed to this
development of a "fortress Europe".
EU784
In particular, The Green Party opposes rules such as the Dublin Convention
preventing residents of member countries applying to other member countries for
asylum and preventing refugees and asylum seekers applying to more than their
country of entry to the European Union."
ENDS
From Green Party press office. Published and promoted by Spencer Fitz-Gibbon for The Green Party, both at 1a Waterlow Road, London N19 5NJ.