United Kingdom (2004), England and Wales Court of Appeal

United Kingdom (2004), England and Wales Court of Appeal

P & M v. Secretary of State for Home Department
[2004] EWCA Civ 1640

The first appellant sought asylum in the United Kingdom because she feared that she would be subject to domestic violence in a state where authorities tolerate violence against women. The second appellant appealed for asylum based on the fear that she would be subjected to female genital mutilation. Although the Court granted both requests for asylum, it specified that not all cases of either domestic violence or FGM would necessarily qualify for protection.

“Both P and M contend that there is a lack of state protection of women in Kenya that amounts to discrimination that is due to entrenched societal attitudes towards Kenyan woman... P was entitled to asylum in this country because…of the violence that both she and her children had suffered over the years at the hands of her husband...for her to be returned to Kenya would contravene… Articles 3 and 8 of the ECHR.” (Quoted form Original Judgment)

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