Abstract

The growing feminization of migration raises, among others, the question of the right to cultural identity of migrant women. In this framework, the purpose of this article is to assess whether the jurisprudence of the Inter-American Court of Human Rights (and the European Court of Human Rights recognize the human right to cultural identity of migrant women, considering the relevant doctrine, their normative sources in common, standards and evaluating the scope of the reasoning in their respective decisions. The results will be presented in two parts: the first, a panoramic review of the justification of this right in the universal system of human rights; and, the second, reviews the jurisprudence developed around this right in the regional subsystems of human rights. The methodology is dogmatic study of regulatory sources, bibliographic review and jurisprudential verification.