Family life is a topic of major interest for the OSCE. The chapter regarding Human Contacts in the Final Act of the Conference on Security and Cooperation in Europe (Helsinki, 1 August 1975) includes a specific paragraph concerning family reunification and one about marriage between citizens of different states.

Applications of persons who wish to be reunited with members of their family are considered with a positive and humanitarian spirit by participating States, with special attention to requests of an urgent character, for instance requests submitted by ill or old persons. Participating States commit to deal with applications as promptly as possible and to lower the related fees. A refusal may be renewed at the appropriate level and will be reconsidered at reasonably short intervals by the authorities of the concerned country. Fees will be charged only when applications are granted. The presentation of an application concerning family reunification will not modify the rights and obligations of the applicant or of members of his family.

The participating States will support the efforts of Red Cross and Red Crescent Societies concerned with the problems of family reunification.

The receiving State will take appropriate care with regard to employment for persons from other participating States who take up permanent residence in that State in connection with family reunification and see that they are afforded opportunities equal to those enjoyed by its own citizens for education, medical assistance and social security.

Requests for exit or entry permits from persons who have decided to marry a citizen from another participating State will be examined favorably and on the basis of humanitarian considerations.

The processing and issuing of the required documents will be in accordance with the provisions accepted for family reunification.

In the Concluding Document of Madrid (Second Follow-up Meeting, 6 September 1983), the participating States note that recent developments in the world economy have affected the situation of migrant workers in Europe and express their wish that host countries and countries of origin intensify their contacts in order to improve the situation of migrant workers and their families.

The participating States will favorably deal with applications relating to contacts and regular meetings on the basis of family ties, reunification of families and marriage between citizens of different States and will decide upon them in the same spirit.

They confirm that the presentation or renewal of applications in these cases will not modify the rights and obligations of the applicants or of members of their families concerning inter alia employment, housing, residence status, family support, access to social, economic or educational benefits, as well as any other rights and obligations flowing from the laws and regulations of the respective participating State.

The participating States will provide the necessary information on the procedures to befollowed by the applicants in these cases and on the regulations to be observed, as well as, upon the applicant’s request, provide the relevant forms.

They will, where necessary, gradually reduce fees charged in connection with these applications, including those for visas and passports. Applicants will be informed as expeditiously as possible of the decision that has been reached.

In case of refusal applicants will also be informed of their right to renew applications after reasonably short intervals.

In the Concluding Document of Vienna (Third Follow-up Meeting, 19 January 1989) the participating States emphasize the need for effective implementation of the provisions of the Final Act and the Madrid Concluding Document relating to migrant workers and their families in Europe. In accordance with their relevant commitments undertaken in the Final Act and the Madrid Concluding Document, they will consider positively applications for family reunification. In the special chapter regarding Human Contacts the participating States commit themselves to decide upon applications relating to family meetings in accordance with the Final Act and the other OSCE documents in as short a time as possible and in normal practice within one month, and upon applications relating to family reunification or marriage between citizens of different States, in normal practice within three months.

Dealing with applications relating to family reunification or marriage between citizens of different States, the wishes of the applicants on the country of destination ready to accept them will be respected, and acts or omissions by members of the applicant’s family do not adversely affect the rights of the applicant as set forth in the relevant international instruments.

The participating States will ensure that all documents necessary for applications based on the human contacts provisions of the Final Act and of the other OSCE documents are easily accessible to the applicant. The documents will remain valid throughout the application procedure. In case of a renewed application the documents already submitted by the applicant in connection with previous applications will be taken into consideration. They will simplify practices and gradually reduce administrative requirements for applications.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.