Drafting Laws on Crimes Committed in the Name of "Honor"

Last Updated May, 2010

In partnership with UNIFEM, The Advocates for Human Rights created the following section for UNIFEM’s Virtual Knowledge Centre to End Violence against Women and Girls. This section, along with sections addressing other forms of violence against women and girls, may be found under Legislation at www.endvawnow.org.

Main Strategies for Drafting Legislation on "Honor" Crimes
Throughout this section on Drafting Legislation on Crimes Committed in the Name of "Honor," reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a promising practice. 

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/149 and 63/168 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.
 
Overview
Minimally Recommended Elements of Legislation on So-Called “Honor” Crimes
  • GUARANTEES of equality between women and men, including within matters pertaining to family relations and sexuality
  • PROHIBITION against discrimination against women and girls and modification of customs, practices and social and cultural patterns that discriminate against women and girls
  • INTEGRATION of crimes committed in the name of "honor”[hereinafter, “honor” crimes] within a domestic violence legal framework
  • ELIMINATION of mitigation in sentencing or reduced penalties for “honor” crimes, adultery, domestic femicides and crimes of passion committed against female family members
  • ELIMINATION of criminal defenses based on “honor” or provocation based on adultery
  • INCREASE penalties making “honor” killings an aggravated murder or first-degree murder
  • TRAININGS for the legal sector
  • PUBLIC awareness initiatives about women’s human rights and applicable legislation
  • PROVISION of a civil order for protection remedy for victims of domestic violence and “honor” crimes
  • DATA collection and monitoring of the multi-sectoral response to “honor” crimes
See: http://stopvaw.org/Law_and_Policy3.html
 
Sources of International Law Related to “Honor” Crimes and Killings
United Nations:
A number of international instruments set standards relevant to the issue of “honor” crimes. Standards that address violence against women in general guarantee equality for women and prohibit discrimination. The Convention on the Elimination of All Forms of Discrimination against Women requires states to grant women equality before the law, including equal legal capacity and ability to exercise that capacity in civil matters (Art. 15). See: International Covenant on Civil and Political Rights (Article 26). It requires states to provide legal protection for women’s rights on an equal basis with men and to guarantee the effective protection of women against discrimination through competent national courts (Art. 2(c)). The Convention on the Elimination of All Forms of Discrimination against Women requires States Parties to repeal all penal provisions that discriminate against women (Art. 2(g)) and adopt legislative and other measures prohibiting discrimination against women (Art. 2(b)).
 
Under CEDAW, states are obligated to take appropriate measures to modify social and cultural patterns that discriminate against women (Art. 5(a)). The Committee on the Elimination of All Forms of Discrimination against Women General Recommendation 19 states that “[t]raditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse, forced marriage, dowry deaths, acid attacks and female circumcision. Such prejudices and practices may justify gender-based violence as a form of protection or control of women. The effect of such violence on the physical and mental integrity of women is to deprive them the equal enjoyment, exercise and knowledge of human rights and fundamental freedoms.” CEDAW has also expressed concern over practices that uphold culture over eliminating discrimination. In its 1999 Concluding Observations on Nepal’s periodic report, CEDAW expressed its concern over the Supreme Court prioritizing the preservation of culture and tradition when interpreting discriminatory laws. Also, the Human Rights Committee has drawn attention to minority rights that infringe upon the rights of women. In General Comment 28, it stated that those “rights which persons belonging to minorities enjoy under article 27 of the Covenant in respect of their language, culture and religion do not authorize any State, group or person to violate the right to the equal enjoyment by women of any Covenant rights, including the right to equal protection of the law” (¶ 32).
 
Specifically, with regard to “honor” crimes and killings, CEDAW General Recommendation 19 states that measures necessary to overcome family violence include “[l]egislation to remove the defence of honor in regard to the assault or murder of a female family member” (¶ 24(r)(ii)). The United Nations General Assembly Resolution 55/66 “Working towards the elimination of crimes against women committed in the name of honor,” 2001, calls upon Member States to intensify legislative, educational, social and other efforts to prevent and eliminate “honor”-based crimes, including by involving public opinion leaders, educators, religious leaders, chiefs, traditional leaders and the media in public education; encourage, support and implement measures to increase the understanding of legal and health professionals of the causes and consequences of “honor”-based violence; establish, strengthen or facilitate support services, such as appropriate protection, safe shelter, counselling, legal aid, rehabilitation and reintegration into society, for actual and potential victims; create, strengthen or facilitate institutional mechanisms to facilitate safe and confidential reporting for victims and others to report “honor” crimes, and; gather and disseminate data on “honor”-based crimes (¶ 4). (UN Resolution 55/66). United Nations General Assembly Resolution 57/179 Working towards the elimination of crimes against women committed in the name of honor (2003) and United Nations General Assembly Resolution 55/165, Working towards the elimination of crimes against women committed in the name of honor (2005) both call upon Member States to take similar actions to eliminate “honor”-based violence. They also call upon states to investigate promptly and thoroughly, prosecute effectively and document “honor” crimes and punish the perpetrators; increase awareness-raising about the responsibility of men to promote gender equality and facilitate change to eliminate gender stereotypes; support the work of civil society working on this issue and strengthen cooperation with intergovernmental and non-governmental organizations, and; encourage the media to raise awareness on the issue. (UN Resolution 55/179, UN Resolution 55/165). The Human Rights Committee’s General Comment No. 28: Equality of rights between men and women (Article 3) states that: “… The commission of so-called “honor crimes” which remain unpunished constitutes a serious violation of the Covenant and in particular of articles 6, 14 and 26. Laws which impose more severe penalties on women than on men for adultery or other offences, also violate the requirement of equal treatment” (¶ 31).
 
Other instruments provide guidance on the rights of victims and the roles of various actors. The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power sets forth standards on the rights of victims, which includes access to justice and fair treatment, as well as standards on restitution, assistance and compensation. Other international documents also provide standards for legal actors, including judges, lawyers, prosecutors and police. See: Basic Principles on the Independence of the Judiciary; Basic Principles on the Role of Lawyers; Guidelines on the Role of Prosecutors; Code of Conduct for Law Enforcement Officials.

Africa:
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa similarly requires States Parties to adopt legal measures to prohibit and curb discrimination against women. Both treaties obligate States Parties to provide for equality of women and men in their constitutions and other legal instruments. In particular, Article 5 calls for States Parties to take all necessary and legislative measures to eliminate harmful traditional practices, including through public awareness initiatives, legal prohibitions and sanctions against such practices, support to victims, and protection of women at-risk for harmful traditional practices. The African Charter on the Rights and Welfare of the Child requires States Parties to take all appropriate measures to eliminate harmful and social practices that affect a child’s “welfare, dignity, normal growth and development,” including customs and practices that are prejudicial to the health or life of the child or discriminatory on the grounds of sex or other status (Article 21).

Europe:
  • Council of Europe Parliamentary Assembly Resolution 1327, So-called “honor crimes,” 2003. The European Union’s Parliamentary Assembly’s Resolution 1327 (2003) on "honor " crimes sets out clear standards for its Member States. The resolution calls for Member States to amend immigration laws to allow women at risk of an “honor” crime to remain in the country; enforce the laws to punish all “honor” crimes and treat complaints of violence as serious criminal matters; ensure the effective and sensitive investigation and prosecution of “honor” crimes; exclude “honor” as a mitigating factor or justifiable motive; take steps toward implementation of such legislation and train policymakers, law enforcement and the judiciary on the topic, and; strengthen female representation within the legal sector.
  • Council of Europe Parliamentary Assembly Recommendation 1881, Urgent need to combat so-called “honour crimes,” 2009 calls for the Committee of Ministers to devise a comprehensive strategy to put a stop to so-called “honor"crimes.
  • Council of Europe Parliamentary Assembly Resolution 1681, Urgent need to combat so-called “honour crimes,” 2009 called upon Member States to develop national plans of action on violence against women, conduct education and training for all, engage in dialogue with religious leaders to facilitate cooperation, conduct awareness-raising campaigns across each sector and among the population, establish a helpline, establish a database for statistics gathering, train police and judges on “honor”-based violence, and support non-governmental organizations working on “honor” crimes and with immigrant communities.
  • Council of Europe Parliamentary Assembly Recommendation 1450, Violence against Women in Europe, 2000 generally addresses violence against women and makes recommendations to the Committee of Ministers and Member States to take certain measures. 
  • Council of Europe, Parliamentary Assembly Recommendation 1582, Domestic Violence against Women, 2002 calls upon Member States to take certain measures to combat domestic violence.
The Stockholm Platform for Action to Combat Honour Related Violence in Europe, 7-8 October 2004, sets forth several recommendations for EU Member States and the EU. Among them, it recommends the strengthening of victim support and rehabilitation services, including social, health, legal, educational support, adequate safe housing, shelters, support lines, counseling services and information campaigns. It recommends coordination among the European Police and other regional institutions, including legislation to protect European citizens at risk for “honor” crimes or killings in third countries and for the prosecution of perpetrators who flee to or commit these crimes in third countries. It also recommends gender persecution as a basis for asylum (p. 108-09).

Americas:
The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belem do Para) affirms the right of women to be free from violence and requires states to impose penalties and enact legal provisions to protect women from harassment and other forms of violence. Article 6(a) affirms that a woman’s right to be free from violence includes their right “to be valued and educated free of stereotyped patterns of behavior and social and cultural practices based on concepts of inferiority or subordination.”