This paper presents an analysis of legislation about family reunion in European Community countries, peculiarly in Italy. Through family reunion, other members of an extra-community family (applicants), are allowed to get together to their relatives already settled (sponsors) in the Community Country, who ask for their rejoining. In 1999 during Tampere's meeting of the EC, it has been established the importance of assuring a firmer integration of persons already settled in member Countries. In 2002 the European Council (EC) has instituted the first rules on immigration fluxes. Afterward a further directive (2003/86/CE) has been issued specifically for rights in family reunion. Minor children (natural or adopted), civil or unmarried partners, dependent ascendants or elderly dependent descendants, may join to the family member already settled in community country. The origin country releases all documents attesting the blood ties with sponsor. The 5th article of such directive, quotes precisely :“If appropriate ... Member States may … conduct other investigations that are found to be necessary”. In cases involving children, therefore, where proof of the existence of the relationship between the child and the sponsor cannot be satisfactorily established, only DNA test will resolve conclusively the issue. In Italy the Migration Agency, founded in 1951, has first requested DNA testing in 2001 to all applicants whose documents have been classified as untenable. First this proceeder has been applied to Somalian citizens lacking of their personal civil registration. Next in 2005, this practice has been extended to all other uncertain applies. The DNA test is completely financed by sponsors, in order to solve unreliable applications and, on the other hand, to deter false reunion requests. In 2008 Italy has thoroughly improved its legislation about re-union, by dint of Legislative Decree n. 160, which has besides arranged immigration policy. During the past 3 years, a lot of tests have been performed, but it has even came to light an inevitable question: what if minor applicant turn out to be not sponsor's natural child but just legal one? Is it ethical and justifiable making the sponsor-parent aware of his only sole civil fatherhood, during the reunion's application? Overall, we must figure out the consequences of this finding, involving minor children who have lived for many years with their legal non-natural parent. Finally we'll try to discuss this human rights ' knot, by means of our forensic experience and laws' analysis.
Re-write re-Union rights. Is DNA test really essential for making possible minor children settling closer to their parents?
Portas, Margherita;TURRINA, Stefania;FILIPPINI, Giulia;DE LEO, Domenico
2012-01-01
Abstract
This paper presents an analysis of legislation about family reunion in European Community countries, peculiarly in Italy. Through family reunion, other members of an extra-community family (applicants), are allowed to get together to their relatives already settled (sponsors) in the Community Country, who ask for their rejoining. In 1999 during Tampere's meeting of the EC, it has been established the importance of assuring a firmer integration of persons already settled in member Countries. In 2002 the European Council (EC) has instituted the first rules on immigration fluxes. Afterward a further directive (2003/86/CE) has been issued specifically for rights in family reunion. Minor children (natural or adopted), civil or unmarried partners, dependent ascendants or elderly dependent descendants, may join to the family member already settled in community country. The origin country releases all documents attesting the blood ties with sponsor. The 5th article of such directive, quotes precisely :“If appropriate ... Member States may … conduct other investigations that are found to be necessary”. In cases involving children, therefore, where proof of the existence of the relationship between the child and the sponsor cannot be satisfactorily established, only DNA test will resolve conclusively the issue. In Italy the Migration Agency, founded in 1951, has first requested DNA testing in 2001 to all applicants whose documents have been classified as untenable. First this proceeder has been applied to Somalian citizens lacking of their personal civil registration. Next in 2005, this practice has been extended to all other uncertain applies. The DNA test is completely financed by sponsors, in order to solve unreliable applications and, on the other hand, to deter false reunion requests. In 2008 Italy has thoroughly improved its legislation about re-union, by dint of Legislative Decree n. 160, which has besides arranged immigration policy. During the past 3 years, a lot of tests have been performed, but it has even came to light an inevitable question: what if minor applicant turn out to be not sponsor's natural child but just legal one? Is it ethical and justifiable making the sponsor-parent aware of his only sole civil fatherhood, during the reunion's application? Overall, we must figure out the consequences of this finding, involving minor children who have lived for many years with their legal non-natural parent. Finally we'll try to discuss this human rights ' knot, by means of our forensic experience and laws' analysis.
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