The ideal restructuring of migrant families in the immigration law
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Encarnación La Spina
Universitat de València. Institut Universitari de Drets Humans
The legal configuration of kinship ties in immigration law is governed by a restrictive logic that combines a dependent and nuclear composition with mismatches in the concrete form of managing the distances, the dynamics and the times at origin and destination. The family model in immigration law has an ideal and dominant approach openly excluding other family realities in the social context. Law in an inherent tendency towards the ideal doesn’t allow a legitimate choice between autonomy and individual freedom in order to define or not the family project and own relationships. In this paper I discuss from a critical approach the inconsistencies presented by the current Spanish immigration law to restructure households in the family reunification scheme because of Law doesn’t secure a suitable degree of equality and justice.
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La Spina, Encarnación. “The ideal restructuring of migrant families in the immigration law”. Athenea digital, 2013, vol.VOL 13, no. 3, pp. 137-48, https://raco.cat/index.php/Athenea/article/view/291695.