Denial of Family Unification
As recognized within Article 16 of the Universal Declaration of Human Rights,63
the family unit is the fundamental societal group, and as such is entitled to
protection by States. In the context of refugees, family unification is crucial in
restoring the dignity to the life of the individual and laying secure foundations
for the integration, or reintegration, of displaced communities.64 To this end,
human rights law acknowledges the need to strengthen the family unit, and
this is reflected in specific State obligations to keep families together, as
well as to reunify them if separated.65 In direct contravention of these legal
obligations, from its occupation of the Gaza Strip, the West Bank including
East Jerusalem in 1967, Israel has consistently and deliberately enforced
an arbitrary separation of Palestinian family members. This chapter will
consider Israel’s approach to family unification, exploring both the historical
background to Israeli policy and the contemporary legislative landscape
which affects thousands of Palestinians within both Israel and the occupied
Palestinian territory.
Family Unification in the West Bank and the Gaza Strip
Israel introduced a family unification procedure immediately after the 1967
War, theoretically entitling registered Palestinians to apply for residency
on behalf of first-degree relatives who had been “permanent residents”
within the now occupied territory before their forcible displacement by
Israel. However, applications under this procedure were subject to stringent
restrictions, including the outright exclusion of all males between the ages
of sixteen and sixty,66 whilst the approval of any application was dependent
on “security considerations and needs of the governing administration in the
63 Torsten Heinemann and Ursula Naue, “Immigration and Family Reunification: The International
Legal Framework,” Immigene, November 8, 2008, http://immigene.eu/immigration-and-familyreunification-the-international-legal-framework.
64 UNHCR, “Family Reunification in the Context of Resettlement and Integration” (UNHCR - United
Nations High Commissioner for Refugees, June 21, 2001), http://www.unhcr.org/3b30baa04.pdf.
65 Heinemann and Naue, “Immigration and Family Reunification: The International Legal Framework.”
66 B’Tselem, Perpetual Limbo: Israel’s Freeze on Unification of Palestinian Families in the Occupied
Territories, 8.
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