Martuscelli, P.N. orcid.org/0000-0003-2611-2513 (2026) Is there a right to family reunification for refugees in Latin America? Journal of Ethnic and Migration Studies. ISSN: 1369-183X
Abstract
Refugees often end up separated from their families when they cross international borders. While the right to family life and unity is enshrined in different international human rights documents, the right to family reunification is contested. This paper discusses the right to family reunification for refugees in Latin America by explaining family reunification as a human right in the region and the expanded definition of family based primarily on economic dependency. I conducted a thematic analysis of (a) regional documents on human rights and asylum in Latin America, (b) the Inter-American Court of Human Rights jurisprudence and (c) the national asylum legislation of Latin American countries. There has been a consolidation of the right to family reunification for refugees in Latin America as a region, as most countries have directly guaranteed a right to family reunification in their asylum legislation and indirectly by recognising the principle of family unity. Most countries in the region (except Colombia) tend to adopt an expanded definition of family in their asylum legislation. However, it is based on the idea of economic dependency, rather than emotional dependency, as defined by the Inter-American Court of Human Rights in its Advisory Opinion 21/2014.
Metadata
| Item Type: | Article |
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| Authors/Creators: |
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| Copyright, Publisher and Additional Information: | © 2026 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent. |
| Keywords: | Family; family reunification; refugees; Latin American; dependency |
| Dates: |
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| Institution: | The University of Sheffield |
| Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Sociological Studies, Politics and International Relations |
| Funding Information: | Funder Grant number INDEPENDENT SOCIAL RESEARCH FOUNDATION / ISRF UNSPECIFIED |
| Date Deposited: | 29 Jan 2026 15:44 |
| Last Modified: | 29 Jan 2026 15:44 |
| Status: | Published online |
| Publisher: | Informa UK Limited |
| Refereed: | Yes |
| Identification Number: | 10.1080/1369183x.2025.2609036 |
| Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:237143 |
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