Family Reunification Regulations and Women : The Perspective of International Law

This article discusses the issue of discrimination resulting from the enforcement of neutrally framed family reunification provisions. The author argues that without viewing these provisions from a gender perspective, we end up with practices that bring about negative consequences that predominantly impact women. This is the case whether such consequences relate to the situation of sponsors or the bearer of the consequences of male migration. The author suggests an enforcement approach based on “weak legal pluralism,” which would be more flexible in accommodating differing legal norms and values. More specifically, states are encouraged to reject child marriages regarding the unmarried minor rule, shorten waiting periods, and change the age limit for spouses to not be higher than the domestic marriageable age.