family unity, because States can and should have other less harmful alternatives and, at the
same time, protect the rights of the child integrally and as a priority.”
In relation with internally displace persons, the Inter-American Commission of Human Rights
in the recently published report on Human Mobility Inter-American Standards, indicates that
the internally forced displacement affects multiple human rights, such as the right to free
movement within the member state, the right to freely choose their place of residence, the right
to personal integrity, the right to private and family life, the right to property, and the right to
work. The IACHR adds that the “in the case of children and adolescents, specific rights are
also the right not to be separated from the family, the right to special protection and care, and
the right to education. In the case of women, the right to take measures for vulnerability to
violence because of their status as displaced persons. In the case of indigenous and
Afro-descendant communities and peoples, the right to their ancestral and traditional lands and
territories, and the right to their culture.”
The issue of the displaced and climate change is also relevant. The IACHR has noted "the
recognition made by the Latin American and Caribbean States in the Declaration of Brazil in
2014 regarding the challenges posed by climate change and natural disasters, as well as the
displacement of people that these phenomena generate in the region. "Climate change and
various natural disasters in recent years have led to internal displacement and international
migration, from countries without adequate services and sustainable development policies.
Finally, with regard to stateless persons, migration, which is often forced, puts many people,
especially children, at risk in the region, because they do not have a birth certificate. There are
also cases of statelessness due to the situation of the children of nationals born abroad. The
Inter-American Commission considers that "situations of statelessness in the Americas are
exceptional thanks to the combined application of the principle of jus soli and the principle of
jus sanguinis in most OAS Member States. However, he adds, as stated in the Declaration
of Brazil, there remain legislative gaps and omissions in state practice at the regional level to
prevent statelessness. "Finally, another serious problem that warns the Inter-American
Commission refers to laws on nationality in some countries that do not recognize the equality
of women in relation to men for the granting of nationality to their children.