Principle of Family Unity, Deportation Procedures, and Protection of Family Unity for Deportees

Preservation of family unity is recognized as a cornerstone of social and economic rights and obligations. This principle is reflected in numerous national and international regulations. Article 41 of the Constitution of the Republic of Turkey places the responsibility on the state to safeguard and ensure family unity and peace. Similarly, Article 8 of the European Convention on Human Rights compels states to avoid interventions leading to the dissolution of families by securing the right to respect for existing family life.

However, states, by their international obligations, have the right to regulate the situations of foreigners living within their borders and, when necessary, to deport them. While deportation procedures are often carried out for significant reasons like national security, public order, and health, they can clash with the principle of preserving family unity.

Article 8 of the European Convention on Human Rights is applicable in this situation. This provision offers protection against decisions to deport people who have a family life. However, it emphasizes the necessity of genuine and effective commitment to family life. The balancing act between deportation processes and the maintenance of family unity can be difficult for foreigners with strong familial ties to the nation. A complex strategy is necessary to balance national security considerations with the maintenance of familial ties. Respecting deportees’ existing families and their way of life is very important.

While states possess significant authority in deportation, the use of this authority should align with the principle of preserving family unity. In practice, when a foreign individual faces deportation from Turkey, their right to family life might be considered during the decision-making process. Especially, interventions that would lead to the dissolution of families formed by foreign individuals should be avoided. Judicial bodies such as the Constitutional Court and the European Court of Human Rights have signaled the necessity for a fairer balance in cases where deportation procedures risk violating family unity.

In conclusion, striking a fair balance between the ideal of preserving family unity and deportation processes is critical to compliance with both national law and international human rights norms. The difficult balance between nations’ security concerns and the maintenance of family unity is an important step toward maintaining basic rights and family life.