Persecution in the home : applying the due diligence standard to harmful traditional practices within human rights and refugee law

Author(s): Bailliet, Cecilia M.

Violence against women and children remains one of the most pressing challenges facing the international human rights community. This article discusses the applicability of the due diligence obligation from the perspective of human rights and refugee law.

Summary

Dilemmas relating to discriminatory legislation and/or social norms, as well as non-responsive courts and police complicate the assessment of a state’s willingness and ability to protect victims within asylum determination. Similarly, the familiar context in which non-state actors pursue forced marriage, honour killing, female genital mutilation, and domestic violence upon their relatives prompts adjudicative institutions to apply creative analysis to avoid assignment of state responsibility, thereby denying protection.

Published in: Nordic Journal of Human Rights. - Vol. 20, no. 1

Year: 2012

Publisher: Universitetsforlaget

http://www.idunn.no/ts/ntmr/2012/01/persecution_in_the_home_-_applying_the_due_diligence_standa

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Web magazine Publications KILDEN's journal Calendar Links About KILDEN Home In Norwegian	Persecution in the home : applying the due diligence standard to harmful traditional practices within human rights and refugee law Author(s): Bailliet, Cecilia M. Violence against women and children remains one of the most pressing challenges facing the international human rights community. This article discusses the applicability of the due diligence obligation from the perspective of human rights and refugee law. Summary Dilemmas relating to discriminatory legislation and/or social norms, as well as non-responsive courts and police complicate the assessment of a state’s willingness and ability to protect victims within asylum determination. Similarly, the familiar context in which non-state actors pursue forced marriage, honour killing, female genital mutilation, and domestic violence upon their relatives prompts adjudicative institutions to apply creative analysis to avoid assignment of state responsibility, thereby denying protection. Published in: Nordic Journal of Human Rights. - Vol. 20, no. 1 Year: 2012 Publisher: Universitetsforlaget http://www.idunn.no/ts/ntmr/2012/01/persecution_in_the_home_-_applying_the_due_diligence_standa Share
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