Beschützter Staatsfeind Familie

Abstract

In immisgration policies the use of genetical parental testing has become a common procedure to decide which applicants have a legal claim for family reunification. Many scholars argue that this introduction of DNA analyses establishes a biologically biased understanding of family relationships and undermines a social concept of family. This paper reflects on the underlying concepts of the relationship between family and the state in this field. Referring to Hegel it can be shown that even today family is conceived as ,presocial‘, as the constitutive other of the social sphere. This assumption helps to explain the privileging of the nuclear family in national and international legislation. The main logic and intention of family rights is neither to protect incomparable emotional ties between individuals nor biological blood bounds. It is not about saving loving relationships as such, but rather about trying to govern them and to legitimate the State itself.

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