- Drafters should ensure that all individuals complicit in the “honour” crime or “honour” killing are held accountable for their role. “Honour”-based violence is often collectively sanctioned and sometimes collectively executed, so laws must encompass the possibility of multiple perpetrators and their role. Laws must also address the indirect or direct roles that may be played by multiple perpetrators. Drafters should take into account the role that leaders, family and community members may play in condoning or authorizing “honour” crimes or killings. Laws should ensure that other third parties, such as tribal council members or community leaders, who are involved in, incite, or authorize “honour” crimes and killings are punished.
- Drafters should recognize that family members may incite or compel a younger male relative to commit the “honour” crime or killing to take advantage of juvenile justice laws that impose lighter sentences on minors. In addressing this problem, drafters should ensure that other family members are held culpable for their role in aiding, abetting, soliciting another or conspiring to commit an “honour” crime or killing. Penalties for such aiding and abetting or incitement should be adequately severe to deter the use of juveniles to commit these crimes. For example, the Council of Europe Convention on preventing and combating violence against women and domestic violence requires states parties to “take the necessary legislative or other measures to ensure that incitement by any person of a child to commit [an “honour” crime] shall not diminish the criminal liability of that person for the acts committed” (Article 42(2)). Also, drafters should balance the need to ensure full accountability for minor perpetrators with that of juvenile justice standards. Juvenile justice laws should comply with international standards. (See: United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); United Nations Guidelines for Action on Children in the Criminal Justice System, recommended by Economic and Social Council resolution 1997/30, 1997; United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)).
Example: Article 38(2) of the Turkish Criminal Code provides that the penalty for one who solicits the commission of an offense using influence arising from a direct descendent or antecedent relationship will be increased by one-third to one-half. Article 38(2) further provides that in cases where there is incitement of a minor to commit an offense, the increased penalty applies even in the absence of a lineage relationship.