Persecution in the Home Applying the Due Diligence Standard to Harmful Traditional Practices within Human Rights and Refugee Law

Cecilia Bailliet
2012 Nordic Journal of Human Rights   unpublished
Violence against women and children in the form of harmful traditional practices 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. 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
more » ... in 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.