Honour Based Crimes and the Law

Defining the Limits of Honour Based Violence and Abuse

Mukaddes Gorar

• Publisher: Routledge
• Year: 2021
• eBook ISBN: 9781000386981
• Edition: 1
• Topic: Law
• Subtopic: Civil Rights in Law
• Index: Law

Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon.

This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality.

The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.

1 Theoretical background

1.1 Introduction

This introduction aims to clarify several concepts and arguments in advance of the four chapters dedicated to particular manifestations of honour based violence. By providing the conceptual explanations ahead of the specific chapters, it is intended to highlight the common root cause of these acts and to avoid repetition in the discussions that follow.

A discussion around the term honour and its significance in a patriarchal context will be followed by an overview of types of honour based violence. Women’s roles in such violence, as victims (survivors) and as perpetrators, will be considered with special emphasis on the influence of the element of honour. Furthermore, the relation of honour based violence to religion and migration will be looked at, leading to analysing the connections with domestic and gender-based violence. Finally, there will be an overview of the relevant elements of international human rights law.

1.2 An overview of honour

Honour can, in general terms, be defined as ‘a virtue or character trait associated with integrity, good moral character and altruism.’¹ The phenomenon of honour is said to be a symbolic and rhetorical construct which ‘encompasses not only a person’s estimation of their own worth, but also the acknowledgement of that claim by their community through the recognition of their right to respect. Thus, honour often has multiple connotations and overlapping meanings related to pride, esteem, dignity, reputation and virtue.’²

1 A K Gill, ‘Introduction: “Honour” and “Honour” Based Violence: Challenging Common Assumptions’ in A K Gill et al. (eds)‘Honour’ Killing & Violence (Palgrave MacMillan 2014) 1.

2 Ibid. 2.

Another definition of honour which highlights the gendered dimension of the concept is a value system with associated norms and traditions³ where ‘the ideal of masculinity is underpinned by a notion of “honour” – of an individual man, or a family or a community – and is fundamentally connected to policing female behaviour and sexuality.’⁴ Honour is seen as residing specifically in the bodies of women.⁵ As a result of this belief, violations and abuses are taking place in certain communities throughout the world.⁶

3 A K Gill et al., ‘“Honour”-Based Violence in Kurdish Communities’ (2012) 35 Women’s Studies International Forum 75.

4 R Coomaraswamy, ‘Violence against Women and “Crimes of Honour”’ in L Welchman and S Hossain (eds) ‘Honour’ Crimes, Paradigms and Violence against Women (Zed Books Ltd 2005) preface xi.

5 Ibid.

6 UNFPA, ‘The State of World Population the State of World Population,’ (2000) <www.unfpa.org/webdav/site/global/shared/documents/publications/2000/swp2000_eng.pdf> accessed 11/9/2018 pp 29–30; R Coomaraswamy, ‘‘Violence against Women and “Crimes of Honour” in L Welchman and S Hossain (eds) ‘Honour’ Crimes, Paradigms and Violence Against Women (Zed Books Ltd 2005) preface xii.

When conceptualising honour, it is important to mention the parallel notion of shame. Individuals in honour based patriarchal communities are not only motivated by a desire to obtain and maintain honour, but likewise to avoid shame.⁷ ‘Thus, honour relates to the behaviour expected of male members of a particular community, while female shame is associated with transgressions against these expectations.’⁸ Honour is therefore constructed through these dual notions, whereby a male’s self-worth and social worth are tied to the reputation and social conduct of the female members of his family and community.⁹ In honour based patriarchal communities, the quality required of women in regard to honour is not to bring ‘shame’, particularly sexual shame.¹⁰ Men’s duty is to uphold their family and social group’s honour by, amongst other things, making sure their women and girls do not bring shame upon them. As a result, discussing honour without mentioning patriarchy will not allow for a proper understanding of honour based violence against women.

7 A K Gill, ‘Introduction: “Honour” and “Honour”-Based Violence: Challenging Common Assumptions’ in A K Gill et al. (eds) ‘Honour’ Killing & Violence (Palgrave MacMillan 2014) 2.

8 Ibid.

9 R Reddy, ‘Domestic Violence or Cultural Tradition? Approaches to “Honour Killing” as Species and Subspecies in English Legal Practice’ in A K Gill et al. (eds) ‘Honour’ Killing & Violence (Palgrave MacMillan 2014) 29.

10 A H Jafri, Honour Killing (Oxford University Press 2008) 20.

From the point of view of an honour based patriarchal set of values, there are different expectations of behaviour from women and men. This expected behaviour is mainly related to sexuality, and it includes acts done to and by the individual. The evolution of the nature of honour will then be analysed as patriarchal values developed over the history of civilisations, reaching a point today when this patriarchal conception of honour appears to have its own independent value, hiding the original motives from which it emerged: the role of women in sedentary societies and the increased relevance of individual property in early civilisations.

According to Jafri, ‘Honour concepts are only another way of understanding the operation of patriarchy, which is anchored in the assumption of male authority over women and male definition and expectation of “appropriate” female behaviour.’¹¹ Furthermore, according to Kandiyoti, femininity is an ascribed status whereas masculinity is something achieved. Masculinity is seen as a process, something that can never be permanently achieved because the danger of being un-manned is always present, via, for instance, female misbehaviour. Thus, maintaining and proving one’s masculinity is a constant preoccupation.¹²

11 Ibid. 21.

12 D Kandiyoti, ‘Emancipated but Unliberated? Reflections on the Turkish Case’ (Summer 1987) 13(2) Feminist Studies 326–327.

Since the notion of a man’s honour depends on the behaviour of others (i.e. female members of the family or close social groups) then that behaviour must be controlled.¹³ From this logic it follows that ‘other people’s behaviour becomes a key component of one’s own self-esteem and community’s regard. It is important to note that this view is different from saying it should be the individual’s own behaviour which should be linked with his or her honour.’¹⁴ Under the honour based patriarchal system, women contain the honour of men. Thus,

13 N V Baker et al., ‘Family Killing Fields: Honour Rationales in the Murder of Women’ (1999) 5(2) Violence against Women 165.

14 A H Jafri, Honour Killing (Oxford University Press 2008) 20.

she may be perceived to be a mere vessel for this male “honour,” and the chattel of the male “owner” of that “honour” … [c]oncepts of male “honour” and female “shame” and the required chastity and passivity of women, arguably pave the way for the idea that women are property of their male relatives, passing from the control of their father to that of their husband via the social institution of marriage.¹⁵

15 R Reddy, ‘Domestic Violence or Cultural Tradition? Approaches to “Honour Killing” as Species and Subspecies in English Legal Practice’ in A K Gill et al. (eds) ‘Honour’ Killing & Violence (Palgrave MacMillan 2014) 29.

Honour crimes are triggered by actual or alleged acts, specifically acts that are seen as dishonourable. As well as being actual or alleged, these may be voluntarily undertaken by women, such as exercising sexual autonomy outside marriage or seeking a divorce, or they may be involuntary, such as becoming a victim of rape. For instance, when a woman or girl is raped, she is likely to become the victim of an honour crime (either she is killed or forced to marry her rapist). The issue here is that although the wrong act is the rape itself, and so the rapist should be the one to be blamed, in honour based patriarchal communities the liability is completely shifted onto the female. Since women are treated and perceived as the property of men, through the alleged or actual incident (such as rape), the value of her as property is diminished (i.e. she is not worth keeping in the family any longer). As such, it is perceived that the family honour is tarnished, rather than the woman’s self-dignity and autonomy. This example shows that both actual and alleged acts, and those undertaken voluntarily or involuntarily, concern honour as long as they are related to female sexuality. It does not matter whether they are triggered by the victim’s own free will, such as seeking a divorce, or if the action is forcibly inflicted upon her, such as through rape.

The usage of the term ‘honour crimes’ has created academic division. Welchman and Hossain acknowledge that the definition and use of the term ‘honour crimes’ is not straightforward. The word ‘honour’ traditionally has positive connotations. The term is also used to flag a type of violation against women and girls, thus it is ‘characterised by “motivation” rather than by perpetrator or manifestation.’¹⁶

16 L Welchman and S Hossain, ‘Introduction: “Honour”, Rights and Wrongs’ in L Welchman and S Hossain (eds) ‘Honour’ Crimes, Paradigms and Violence Against Women (Zed Books Ltd 2005)...

Table of contents

• Cover
• Half-Title
• Title
• Copyright
• Dedication
• Contents
• Acknowledgements
• List of abbreviations
• Introduction
• 1 Theoretical background
• 2 Honour based oppression
• 3 Female body mutilation
• 4 Forced marriage
• 5 Honour killing
• Conclusion
• Bibliography
• Index