Journal Citation:
60(2) International and Comparative Law Quarterly, 459-484 (2011)
This article examines recent developments
in international human rights law relating
to domestic violence, and addresses the
extent to which refugee law has integrated
these developments into the adjudication
process of asylum seekers. The article
notes that victims of domestic violence
who file asylum claims on that basis
continue to face difficulties. The article
surveys recent international jurisprudence
and regional developments, highlighting
the expanding due diligence norm. The
article also provides a critical analysis
of an American asylum case, "In the Matter
of R-A". the article concludes that the
standard of due diligence, which is
increasingly being used by international
and regional bodies to determine the scope
of States' responsibilities in the context
of domestic violence, is not being applied
to assess the adequacy of State protection
in asylum cases.