Max Planck Institute for Social Anthropology

The Risk of Honour Killings Faced by Women with Illegitimate Children of Mixed Race in Azerbaijan

by Iulia Mirzac

Question(s) at stake

Whether the appellant, an unmarried woman with an illegitimate mixed-race child, would face upon return to Azerbaijan a real risk of persecution under the Refugee Convention or treatment contrary to Article 3 of the European Convention on Human Rights (ECHR).

Outcome of the ruling

“An unmarried mother with a mixed-race child in Azerbaijan might face discrimination”, prejudice, and sexual harassment, but they are generally unlikely to “face persecution from either the State or their families or other agents of persecution” within the meaning of the Refugee Convention (para. 107). They are also unlikely to face treatment in breach of their rights under Article 3 of the ECHR.

“Although the concept of family honour among more traditional families in Azerbaijan (namus) exists”, there is no evidence “to indicate that there is a real risk of honour killings or other ill-treatment of those who are considered by members of their families to have brought dishonour on the family” (para. 108). There is also no evidence to suggest that ‘sufficiency of protection’ within the meaning of the 1951 Refugee Convention would not be available to women in this position.

In light of the Country Guidance (CG) findings, the Upper Tribunal concluded that SL, the unmarried woman in question, would not face persecution in Baku. Therefore, the appeal was dismissed.

Country:

United Kingdom

Official citation

SL (Unmarried Mother with Mixed Race Child) Azerbaijan CG [2013] UKUT 00046 (IAC)

Topic(s)

Keywords:

Gender based persecution Grounds/Reasons of persecution Race and ethnic and social groups of common descent Real Risk of persecution Refusal of asylum

Tag(s):

Ethnic groups Harmful traditional practices Customary law Honour killings Customary law

Bibliographic information

Mirzac, Iulia (2023): The Risk of Honour Killings Faced by Women with Illegitimate Children of Mixed Race in Azerbaijan, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI041UK011, https://doi.org/10.48509/CUREDI041UK011.

About the authors

Iulia Mirzac (Birmingham Law School, University of Birmingham) ORCID logo

Doctoral Candidate at the University of Birmingham carrying out ESRC-funded research on judicial interpretations of undefined concepts within the UK anti-trafficking framework in England and Wales. Teaching Associate on the 'Decolonising Legal Methods' module at Birmingham Law School. Research Consultant at the Max Planck Institute for Social Anthropology, providing legal commentaries of asylum decisions based on gender-based violence published under the Institute's CUREDI database.