Laws should acknowledge “honour” crimes and “honour” killings are a form of violence against women and girls. Drafters are encouraged to use an expansive definition for “honour” crimes and killings. A definition must be broad enough to encompass “honour”-based violence in all its forms, such as murder, attempted murder, driving to suicide, rape, gang rape, torture, assault, virginity testing, kidnapping, forced marriage, forced eviction, harassment, threats, stove burnings, acid attacks and maiming. Legislation should clarify that the detailed list should not serve to exclude from sanctions some behavior that is not included. (For more information on legislation addressing sexual violence against women and forced marriage, see: Sections on Sexual Assault and Forced and Child Marriage.)
Defining “Honour”
Drafters should use the phrase “so-called honour” or use quotation marks around “honour” to imply the absence of “honour” in these crimes. Drafters should be aware of the complexities in defining “honour”-related violence. Laws that use the term “honour” risk reinforcing discriminatory misperceptions that women and girls embody the “honour” of the male and community and that there is “honour” in acts of violence against women. Additionally, using this term masks political, social and economic motivations that may contribute to “honour”-related violence. Nevertheless, drafters are urged to use the term “honour” when describing these crimes against women and girls. Using the term “honour,” as opposed to a more ambiguous or restrictive term such as “custom” or “tradition,” will properly identify “honour” crimes as such and prevent loopholes that allow perpetrators to escape accountability. Further, although some argue that designation of “honour” crimes as a distinct form of violence masks the universal nature of violence against women and risks demonizing cultures in which such crimes are more prevalent, the recognition of “honour” crimes as a particular, contextually-informed type of violence against women rightly acknowledges the unique characteristics of such crimes (such as their premeditated and collective nature). Acknowledging these features in turn facilitates the adoption of effective, targeted laws and policies to combat “honour” crimes. (See: Korteweg, Anna C. and Yurdakul, Gokce, Religion, Culture and the Politicization of Honour-Related Violence, United Nations Research Institute for Social Development, Gender and Development Programme Paper No. 12, October 2010; Fournier, Pascale, Introduction: Honour Crimes and the Law—Public Policy in the Age of Globalization, Canadian Criminal Law Review, Vol. 16, May 2012, p.103; CCMW Position on Femicide [not honour killing], Canadian Council of Muslim Women, January 2012) In addition, l aws should clearly state there is no “honour” in or justification for “honour”-based violence. Such a statement serves to combat cultural relativist excuses for “honour” crimes. Nonetheless, it is also important that drafters of “honour” crimes legislation refrain from framing such crimes in a way that equates them with any particular culture or religion.
A definition of “honour”-based violence should reflect three basic elements: 1) control, or desire to exert control, over a woman’s behaviour; 2) a male’s feeling of shame over his loss of control, or perceived loss of control, over her behavior, and; 3) community or familial involvement in augmenting and addressing this shame. (See: Family Killing Fields: Honor Rationales in the Murder of Women Baker et al. VIOLENCE AGAINST WOMEN.1999; 5: 164-184). Laws should describe “honour” crimes and killings as violence stemming from a perceived desire to safeguard family “honour”, which in turn is embodied in female behavior that challenges men’s control women, including control exerted through sexual, familial and social roles and expectations assigned to women by traditional ideology. Such female behaviour may include: adultery, extramarital sex, premarital relationships that may or may not include sexual relations, rape, dating someone unacceptable to the family and violations of restrictions imposed on women and girls’ dress, employment or educational opportunities, social lifestyle, or freedom of movement. Drafters should be cautious about explicitly listing types of behaviors in the definition of honour crimes, as listing specific forms may result in excluding from sanctions some behavior that is not on the list. Where such lists are included, drafters should expressly state that the list is non-exclusive.
(See: Report on Violence against Women in the Family, Special Rapporteur on violence against women, its causes and consequences, 1999, ¶ 18. )
EXAMPLES: Drafters may wish to look to international instruments or policies adopted by other countries for guidance in defining “honour” crimes and killings:
- “Honour” crimes defined as a “crime that is, or has been, justified or explained (or mitigated) by the perpetrator of that crime on the grounds that it was committed as a consequence of the need to defend or protect the honour of the family.” (See: 2003 report, So-called "honour crimes," rapporteur of the Council of Europe Committee on Equal Opportunities for Women and Men, ¶ 1)
- “Honour” killings defined as “the murder of a woman by a close family member or partner as a result of (suspected or alleged) shame being brought on a family by the action (a suspicion or allegation will be enough) of the woman” (¶ 10). (See: 2003 report, So-Called "honour crimes" rapporteur of the Council of Europe Committee on Equal Opportunities for Women and Men, Part II Explanatory Memorandum by Mrs. Cryer, ¶ 10.
- “Honour”-based violence defined as that any form of violence “exercised in the name of traditional codes of honour. Where the “honour” of the family is at stake, according to the family, and the woman suffers the consequences, it is proper to speak of a so-called “honour crime.”” “Honour” crimes may be described as acts of violence against women “where the publicly articulated ‘justification’ is attributed to a social order claimed to require the preservation of a concept of ‘honour’ vested in male (family and/or conjugal) control over women.” These definitions take into account the collective and community nature that condones “honour”-based violence. (See: Explanatory Memorandum by Mr. Austin, Rapporteur, The Urgent Need to Combat So-called “Honour Crimes,” Council of Europe Parliamentary Assembly, 2009, ¶ C.I.1 & 2.)
Great Britain:
- In Great Britain, in the law enforcement context, “honour related violence” has been defined as “a crime or incident, which has or may have been committed to protect or defend the honour of the family and/or community.” (See: ACPO Honour Based Violence Strategy)
- Drafters should be cautious about legislative vagueness that could allow an interpretation that associates crimes of “honour” with crimes of passion, thus allowing the perpetrator to benefit from a crimes of passion defense.
- Laws should make clear that crimes committed in the name of “honour” do not constitute crimes of passion or crimes committed in a fit of fury for defense purposes. Laws should state that “honour” crimes and “honour” killings are an act of violence against women and girls, and governments are expected to exercise due diligence in preventing and punishing these acts.