As refugiadas e o direito à igualdade e a não discriminação na corte interamericana de direitos humanos

Abstract

The number of refugees in 2023 surpassed 110 million people and is estimated that approximately half of them are women. Moreover, violations of Human Rigths is among the causes of forced displacements. This research focuses on the Inter-American Human Rights System, aiming to answer the following: how does the Inter-American Court of Human Rights protect violations of the Human Rights of Refugee Women in the absence of a specific rule on the matter? The general objective is to analyze how the Inter-American Court of Human Rights interpret the provisions of the American Convention on Human Rights an other international treaties to respond violations of the Human Rights of refugee women in its judgments. In the research the hypotheticaldeductive method was used, developed through bibliographical and jurisprudential research were applied. Furthermore, the research tecniques applied were exploratory, qualitative research through content analysis of the process relating to Case I.V. Vs. Bolivia (2016). Thus the Bolivia case was processed before the Commission and the Inter-American Court of Human Rights and documents with analysis of reports and statistical databases from the IACHR and UNHCR. As the main results that were obtained there are still few cases that have been processed in the IDH Court and that encompass violations of the Human Rights of refugee women. The previous cases date back to before 2015, it was observed that the principles of equality and non discrimination are fundamental in the context of international migration. Consequently, the relevance of observing the complementarity between the International Human Rights Law and International Refugee Law was highlighted both in the development of international regulations and recognition of rights derived from the interpretation of legal instruments.