Honour Based Crimes And The 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.

Honor-based violence (HBV) is a crime committed to protect or defend the honor of a family and/or a community. It is usually triggered by the victim‘s behavior, which the family and/or community regards as causing offense or dishonor. HBV has existed for thousands of years but has only very recently become a focus of law enforcement, policy makers,

This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called ‘honour killings’ have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of ‘honour’. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women’s right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.

Despite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system's approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.

In this interdisciplinary collection leading experts and scholars from criminology, psychology, law and history provide a compelling analysis of practices and beliefs that lead to violence against women, men and children in the name 'honour'.

This volume brings together the practical insights and experiences of individuals and organisations working in diverse regions and contexts to combat 'crimes of honour'. Authors examine strategies of response to such manifestations of violence against women, focusing largely on 'honour killings' and interference with the right to choice in marriage, and the related use and legal treatment of the defence of 'honour' and 'provocation' in different countries of Europe, the Middle East, Latin America and South Asia. This timely volume is distinctive in approach and content, highlighting activist and practice-orientated academic perspectives from both the South and the North. The authors give voice to the struggle to locate 'crimes of honour' firmly within the international framework of violence against women and human rights, rather than positioning these abuses as specific to particular cultures or communities. The first of its kind, this book serves as a resource in addressing 'honour crimes' and, more broadly, violence against women, and will be of interest to a multi-disciplinary academic audience as well as to lawyers, policy-makers and activists.

Honour killing, as it is widely understood, is the cold-blooded murder of a woman or a man involved with her, by the male members of her household in order to cleanse the reputation of the family, clan, community or tribe. This violent tradition in the name of religion, custom and culture continues to be carried out in a significantly large part of the world. The majority of people still believe that honour killings happen for reasons such as marriage from choice or a love affair of a kinswoman, rape, a demand for divorce from a woman, or the birth of a female child, all of which are perceived as bringing shame on the family. However, current research on honour killing suggests that there are a number of intriguing and very cleverly knitted plots of jealousy, greed, violence and murder which show that, in the name of honour, various other purposes are being served and people are killed in ways which give the impression that they are honour killings. By collecting data from people involved in such situations, this book opens a Pandora’s box, showing that such killings are carried out not to assuage the hurt honour of a patriarchal society, but to serve a variety of malign intentions, goals and agendas. It will serve to let the world comprehend the phenomenon of honour-related violence where culture and crime unite under the umbrella of highly discriminating laws against women. This book consists of twenty-six testimonies from those involved in honour killings, bringing together interviews with killers, victims and the falsely accused.

Despite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system’s approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.