La tutela delle relazioni affettive dei migranti nell'ordinamento europeo: tra protezione internazionale e ricongiungimento familiare

The paper analyses European legal protection of refugees and asy- lum seekers’ family ties, including same-sex relationships. It first de- scribes how legal norms and policy, if implemented discriminatorily in the country of origin, constitute grave violations of basic human rights (e.g., prohibition of free marriage), grounding claims for international protection. Then, considering the beneficiaries of international protec- tion, it focuses on their right to family life (including family reunifica- tion and unity) in EU law, which lays down a strict definition of family members, without reference to same-sex couples. In order to protect beyond the strict “family members” criteria, the case law of the Euro- pean Court of Human Rights comprehends other ties (e.g., same-sex couple living in a stable relationship). Following this approach and tak- ing into account cases on article 8 ECHR, it explores which family ties are considered worth of protection and therefore cannot be split apart through expulsion /return measures.