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 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. © 2012, Universitetsforlaget.

persecution due diligence forced marriage Female genital mutilation domestic violence non-discrimination Asylum Internal flight alternative Honour killing Harmful traditional practices Violence against women

[No Keywords available]