Donne migranti e diritto all'unità familiare. Fattori di vulnerabilità e forme di tutela nella giurisprudenza Italiana ed europea

This article examines the conditions of vulnerability of migrant women who enter and reside in the EU for family reasons or for international protection. The premise from which the analysis starts is that legislation and policies in the field of migration can significantly affect the living and working, and rights of migrant women. The paper offers a critical understanding of the notions of vulnerability and discrimination, evaluating whether these concepts can be rethought and used critically in legal studies on migration. All this in order to better understand the causes and effects of the factors producing the vulnerability of migrant women. From this perspective, the second part of the article examines relevant case law of the European Court of Human Rights and of Italian Courts, analysing whether and in what terms the courts take into account the specific situations of vulnerability of migrant women, ensuring respect for their right to family life and family unity.