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:
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