COMPARISON OF FORMS OF TRANSNATIONAL MARRIAGES AMONG IMMIGRANTS

The project Comparison of Forms of Transnational Marriages among Immigrants, Conflicts in Transnational Marriages, Rights Protection in Transnational Marriages and Their Comparative Situations with Transnational Law Enforcement and Immigration Law Enforcement is currently under development and proposes a transnational analytical framework to understand the dynamics affecting women, girls, and children in marriages and relationships that involve multiple jurisdictions. Its objective is to identify structural barriers, protection gaps, and institutional challenges that limit access to justice in transnational contexts.

The review of specialized literature shows that transnational marriages can generate situations of legal vulnerability associated with documentary dependency, power imbalances, language barriers, and lack of information about rights. Likewise, female mobility along international routes exposes women to specific risks, including sexual violence, extortion, exploitation, and institutional discrimination. These factors are exacerbated when migration, policing, and judicial systems interact without coordination, creating additional obstacles to rights protection.

The project also incorporates the dimension of filiation and recognition of paternity in transnational contexts, a phenomenon documented in various regions and one that directly affects the rights of girls and boys to identity, nationality, maintenance, and custody. The absence of cooperation mechanisms between countries can leave minors in situations of legal limbo, especially when the parent resides in another country or when the family relationship is not legally recognized.

The preliminary comparative analysis identifies global patterns that affect access to justice: institutional discrimination, lack of specialized protocols, revictimization, violence in detention centers, absence of interpreters and cultural mediation, and difficulties in enforcing protection measures across more than one jurisdiction. These challenges are observed in East Asia, Europe, the United States, and Latin America, although with specific characteristics in each region.

The project aligns with international commitments established by CEDAW, the Beijing Platform for Action, and the 2030 Agenda, as well as with the priority theme of CSW70: ensuring and strengthening access to justice for all women and girls. The recommendations formulated include strengthening judicial systems, preventing institutional violence, protecting migrant women at all stages of the migration process, creating international standards for transnational marriages, and promoting judicial and migration cooperation in matters of filiation, custody, and recognition of rights.

This document constitutes a preliminary conceptual framework that guides the next stages of the project, including documentary research, comparative legal analysis, and cooperation with academic institutions and international organizations. Its purpose is to contribute to the formulation of public policies and protection mechanisms that respond to the contemporary realities of human mobility and transnational marriages.