1. Introduction
1. So-called “honour” crimes are
the tangible expression of a desire to control and an indicator
of gender inequality that is deeply rooted in our societies. These
crimes are reported to claim hundreds of victims in Europe every
year and are not a distant phenomenon. Murders, unlawful confinement,
abductions, torture, mutilation, burning, forced suicides, forced
marriages and conversion therapy are some examples of so-called “honour”
crimes, which are committed with the intention of enforcing a code
of honour or restoring the so-called “honour” of a family. In most
cases, these crimes are perpetrated by relatives of the victim or
ordered by his or her family. Violence against women, domestic violence
and violence against LGBTI people are human rights violations and
cannot be justified. Putting forward the defence or restoration
of so-called “honour” as justification is not only unacceptable
but also illegal and contrary to human rights.
2. Although the Parliamentary Assembly and its Committee on Equality
and Non-Discrimination have been working relentlessly on preventing
and combating all forms of violence against women, the last report
to deal specifically with the issue of so-called “honour” crimes
was debated over ten years ago. In 2010, Navenethem Pillay, former
United Nations High Commissioner for Human Rights, estimated the
annual number of victims of so-called “honour” crimes worldwide
at 5 000,
which could
be an underestimate.
3. Article 42 of the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence (CETS
No. 210), which we tirelessly promote and whose implementation we
closely monitor, addresses the issue of the unacceptable justification
of criminal offences, including crimes committed in the name of
so-called “honour”:
1. Parties shall take the necessary legislative
or other measures to ensure that, in criminal proceedings initiated
following the commission of any of the acts of violence covered
by the scope of this Convention, culture, custom, religion, tradition
or so-called “honour” shall not be regarded as justification for
such acts. This covers, in particular, claims that the victim has
transgressed cultural, religious, social or traditional norms or
customs of appropriate behaviour.
2. Parties shall take the necessary
legislative or other measures to ensure that incitement by any person of
a child to commit any of the acts referred to in paragraph 1 shall
not diminish the criminal liability of that person for the acts
committed.
4. The Convention, which to date has been ratified by 33
Council of Europe member
States, is the most advanced international instrument to combat
violence against women and makes it very clear that customs, traditions
or so-called “honour” cannot justify violence. It is important to
note that the Convention does not call for the establishment of
a separate criminal offence for so-called “honour” crimes. These
crimes fall within the sphere of criminal law and have as their
ulterior motive: “the restoration of family honour, the desire to
be seen as respecting tradition or complying with the perceived
religious, cultural or customary requirements of a particular community”.
The
Convention provides the necessary clarity regarding the concept
of so-called “honour”. Its definition is complex.
It is
closely linked to the social norms within a group or community.
5. The United Nations Convention on the Elimination of All Forms
of Discrimination Against Women requires the States Parties “to
take all appropriate measures, including legislation, to modify
or abolish existing laws, regulations, customs and practices which
constitute discrimination against women”.
In
General Recommendation No. 35 on gender-based violence against women,
the United Nations Committee
on the elimination of discrimination against women (CEDAW) recommends
that the States Parties repeal “discriminatory evidentiary rules
and procedures, including (…) legal defences or mitigating factors
based on culture, religion or male privilege, such as the defence
of so-called “honour”, traditional apologies, pardons from the families
of victims/survivors or the subsequent marriage of the victim/survivor
of sexual assault to the perpetrator (…)”. There is a legal apparatus
for this at international level but it has not yet been transposed
into domestic law in all countries.
2. Scope of the report and methods
6. The motion for a resolution
that led to this report states that the Assembly must take up the
issue of so-called “honour crimes” and evaluate the implementation
of
Resolution 1681 (2009) “Urgent need to combat so-called honour crimes”.
We have studied the extent of the
problem in Europe, analysed the responses to it and kept abreast
of the latest developments thanks to the reports published by the
Group of Experts on Action against Violence against Women and Domestic
Violence (GREVIO). This issue is closely linked to the question of
forced marriages, which I have already been able to address in the
Assembly, and also to the continued existence of deeply patriarchal
societies.
7. This report also focuses on the issue of so-called “honour”
crimes that may have been committed against certain individuals
after they had revealed their gender identity and sexual orientation.
I do not wish to limit the scope of this report to so-called “honour”
crimes committed against women and girls only, but I would also
like to extend it to crimes against LGBTI people. I have therefore
spoken to representatives of LGBTI rights organisations, including
Cianán B. Russell, from ILGA Europe (23 March 2021), and individuals
who have been at risk owing to their sexual orientation or gender
identity.
8. So-called “honour” crimes are often associated with Islam,
but I wish to emphasise that there have also been such crimes in
Hindu, Sikh, Druze, Christian and Jewish communities
and that so-called "honour crimes"
are not systematically linked to religion or culture. This report
will not seek to stigmatise a particular religious community but,
rather, to study what can be done to combat these crimes more effectively.
9. Forced suicides may be considered a new form of so-called
“honour” crime. Young girls or young men are said to be encouraged
or forced for the sake of so-called “honour” to commit suicide to
cleanse the family honour because of the alleged relationships they
have had or their behaviour, whether this is in refusing to agree
to a forced marriage, wishing to get a divorce or engaging in an
extramarital relationship.
10. This report will enable us to make GREVIO’s work on preventing
and combating so-called “honour” crimes better known. During the
2019 October part-session, I was able to speak to the GREVIO Secretariat and
was informed about the difficulties which GREVIO has encountered
in its search for quantitative data on so-called “honour” crimes.
The underlying rationale of the Istanbul Convention is that protection
orders should be issued to protect women from all forms of violence,
including the risk of “so-called honour” crimes, but in many cases,
these cover only domestic violence.
11. I have also looked at the United Nations work on the elimination
of discrimination against women. I spoke to Mr Roland-François Weil,
former Representative of the United Nations High Commissioner for
Refugees to the European institutions in Strasbourg, during the
2019 October part-session.
12. I held a bilateral meeting with Ms Jacqueline Thibault, Chairperson
of the Surgir Foundation (Switzerland) by videoconference on 15
May 2020. The foundation regrets the lack of specific data on these crimes
due to the fact that they are most often assimilated to domestic
violence. I was also able to attend the videoconference “Combating
crimes perpetrated in the name of “honour” held on 16 September
2020 by the Surgir Foundation.
13. The committee held its first hearing in connection with the
preparation of this report at its meeting in Paris on 10 September
2020 with the participation of Mr Nazir Afzal,
a former Chief Crown Prosecutor
in North-West England. He was involved in the investigation of several
archetypal cases in the United Kingdom and has become a spokesperson
for men involved in action to combat violence against women, including
so-called “honour”-related crimes.
14. Owing to the health situation, I was unable to travel to Turkey,
but I did hold virtual bilateral meetings with Turkish interlocutors
on 28-30 September 2020. I would like to thank Mr Yildiz, Chairperson
of the Turkish delegation to the Assembly, for his support and am
also grateful to the delegation secretariat.
15. I have been able to speak to Dr Robert Ermers, who has carried
out research on the concept of so-called “honour” (25 March 2021),
to Ms Natasha Rattu, director of the Karma Nirvana charity in the
United Kingdom (19 March 2021) and to Ms Tanya Lokshina, director
of the NGO Human Rights Watch in the Russian Federation (18 March
2021). I have received a written contribution from the Humanists
International NGO.
16. Finally, the committee held a joint hearing on 14 April 2021
with the Parliamentary Network Women Free from Violence on the prevention
of so-called “honour” crimes and on assistance for victims, with
the participation of Ms Jasvinder Sanghera, CBE, Founder of Karma
Nirvana and Survivor of Honour Abuse, United Kingdom, Ms Rachel
Eapen Paul, GREVIO member in respect of Norway, and Ms Isabelle
Gillette-Faye, member of the High Council on Equality between Women
and Men, France, Sociologist, General Director, GAMS (Women's group
for the abolition of sexual mutilations, forced marriages and other
practices affecting women's and children's health), France. I wish
to thank all the persons who spoke at the hearing and agreed to
share their testimony in connection with the preparation of this
report, as well as the members of the committee and of the Parliamentary
Network Women Free from Violence for taking an active part in our discussions.
3. GREVIO’s
work on so-called “honour” crimes
17. The drafters of the Istanbul
Convention focused particular attention on the issue of so-called
“honour” crimes. They wanted to put an end to sentence mitigation
for such crimes and to call on States to take firm action to prevent
and combat all forms of violence against women and not to accept
any justification or motive. The Convention entered into force in
2014 and GREVIO, its monitoring mechanism, has already carried out several
assessments of how it is being implemented. States parties can decide
to apply its provisions on domestic violence to men and boys in
all their diversity.
3.1. Awareness-raising
and assistance
18. GREVIO
has expressed its satisfaction
in general with States that have clearly condemned all forms of
violence linked to so-called “honour” and taken steps to raise awareness
(notably in Belgium and Sweden) and calls on the States not yet
having done so to make efforts in this direction.
19. Some States have adopted specific plans to prevent and combat
so-called “honour”-based violence. An action plan on honour-related
conflicts and negative social control was adopted in 2016 by the
Danish authorities for the period 2017-2020 and €10 million have
been allocated to this plan. However, GREVIO expressed regret that
it focused on cultural aspects and not on gender, which could help
to perpetuate stereotypes regarding certain communities.
20. In Sweden teachers are provided with educational material
on sexuality, forced marriage and manifestations of “honour-related
violence”. Moreover, teaching staff are trained to spot children
who might be victims of violence, including “honour-related violence”.
21. In Denmark there is a 24-hour telephone helpline for victims
of honour-based violence. In addition, two shelters take in young
people aged 16-30 at risk of forced marriage or so-called “honour”-related
violence. In Sweden specialised counselling services have been set
up to help victims of honour-related violence, and associations
take in girls who have had to leave their families because they
risk falling victim to a so-called “honour” crime.
22. One good practice identified by GREVIO in Finland is a website
available in 12 languages (Infopankki.fi) which provides information
on domestic, sexual and so-called “honour”-related violence. The
Dutch Government also has an information page on so-called “honour”-related
violence on its website. It states that the reasons most frequently
given for honour-related violence are conflicts of so-called honour,
loss of virginity outside marriage, adultery, rebellion against
traditional forms of behaviour/traditions, insults to a family member,
refusal to agree to forced marriage, homosexuality and refusal to
take part in honour-based violence against another person. This
page also gives details of a telephone helpline and a WhatsApp group
which can be contacted by persons who suspect that a so-called “honour”
crime has been committed.
23. GREVIO reports that “[d]ata on honour-related violence are
[…] scarce”. In Spain it appears that they are only collected in
the context of intimate partner violence. The collection of data
is central to combating violence.
3.2. Importance
of the commitment of police forces
24. GREVIO also looks at the work
of police forces. Both the Danish police and the Swedish police
use the “Assessment of Risk for Honour-Based Violence” (PATRIARCH)
tool. In the Netherlands the police are given training on combating
domestic violence and “honour”-related violence. Two national centres
have been set up to provide expert advice on and deal with so-called
“honour”-related violence. Since 2013, professionals have had a
legal obligation to report suspicions of abuse, female genital mutilation
and honour-related violence. Women threatened with so-called “honour”-related
violence in the Netherlands and their country of origin may apply
for a one-year temporary humanitarian residence permit.
3.3. An
unequivocal call to step up the fight against so-called "honour"
crimes
25. GREVIO does not hesitate to
call on the States parties to do more to combat so-called “honour
crimes” and to strengthen awareness-raising efforts to “convey the
notion that on no grounds whatsoever should violence be tolerated,
including harmful practices often claimed to be justified through
concepts of religion, tradition or so-called honour”. In Italy the
defence of so-called “honour” is now recognised as an aggravating circumstance
(Article 61 of the Criminal code). In its baseline evaluation report
on Monaco GREVIO points out that Monaco’s criminal law provides
for a heavier sentence “if the offender has committed an offence
with intent to punish or redress misconduct allegedly related to
honour”.
26. GREVIO examines court decisions in detail. Among other things,
it has expressed concern over the invoking of “hurt feelings” and
“disappointment” as mitigating circumstances in certain courts in
order to obtain lighter sentences in Italy, and it considers that
a thorough review of the case-law and the criteria for mitigating circumstances
would be useful. In its report on Portugal, GREVIO stresses the
importance of enshrining in law that “in no case whatsoever can
‘honour’, including the ‘honour’ of a man allegedly wronged by a
woman, justify a crime”. In its report on Turkey, GREVIO urged the
Turkish authorities to “dismantle the concept that the honour and
prestige of a man or the family are intrinsically associated with
the conduct or presumed conduct of women related to them, which
is based on patriarchal attitudes and serves to control women and
curb their personal autonomy”. GREVIO points out in that report
that “honour” continues to be considered as a justification for
extreme forms of violence, including murder, in cases of real or
perceived marital infidelity and for other real or perceived transgressions
of women’s roles. Women are frequently blamed for causing violence because
of their “disobedience”. It notes that reduced sentences for tradition-related
crimes were abolished with the revision of the Criminal code in
2005.
27. At our hearing, Ms Eapen Paul, GREVIO member in respect of
Norway, stressed that the States parties to the Convention were
under obligation to ensure that culture, customs, religion, tradition
or so-called "honour" were not regarded as justification for any
of the forms of violence covered by the Convention. Violence against women
could not be justified. Reducing sentences on the basis of so-called
“honour” should be a thing of the past.
4. Work
of the United Nations Committee on the Elimination of Discrimination
against Women on so-called “honour” crimes
28. I have examined the work of
the United Nations Committee on the Elimination of Discrimination
against Women (CEDAW). The Committee underlines and welcomes above
all the commitment of most of the States to combating so-called
“honour” crimes and encourages them to step up their efforts in
partnership with their authorities and the grassroots stakeholders.
Like GREVIO, it reiterates that so-called “honour” crimes must be regarded
as a human rights violation and that these crimes form part of a
broader spectrum of violence against women. Traditions, customs,
religion or so-called “family honour” do not constitute any acceptable
grounds for such acts. The United Nations Committee also points
out that certain population categories (migrant women, women from
minority backgrounds
) or certain (rural
)
areas of a member State may be more at risk
from so-called “honour” crimes.
4.1. Preventing
so-called “honour” crimes
29. In line with the Committee’s
recommendations, a number of States now provide training for professionals working
for the police or educational services. One example is Austria,
which, in response to the Committee’s observations in 2013, has
developed and incorporated the theme of (sexual) violence against
women and girls and in particular so-called “honour” crimes in its
National Strategy on Violence Prevention in Schools, aimed at pupils,
students and key stakeholders in the school environment.
30. In Sweden, between 2012 and 2014, the National Board of Health
and Welfare produced training material on particularly vulnerable
groups of persons who may be subjected to violence such as older
women, women with disabilities, women with substance misuse problems,
women with foreign backgrounds and people subjected to “honour”-related
violence and oppression.
Raising awareness of so-called
“honour”-related violence can use channels other than training,
such as the setting up of a mediation body, information campaigns
and campaigns aimed at changing mindsets or the setting up of a
hotline.
31. All stakeholders and staff in contact with women who are victims
or at risk must be mobilised to combat so-called “honour” crimes.
Co-operation between local or regional authorities and stakeholders
on the ground, particularly the NGOs, must be geared to more cohesive
and more effective action against so-called “honour” crimes and
better care for victims.
32. In Denmark, a national body has been set up with the task
of advising municipalities on so-called “honour”-related violence.
In a 2016 revamp of the plan, a working group and a team of security
consultants were set up to advise local authorities in specific
cases of “honour”-related conflicts or the adoption of strategic measures
to prevent this type of conflict. In Sweden, there is a real national
network of institutions tackling so-called “honour”-related violence
and oppression. This network is also tasked with mapping out preventive measures
in the form of universal, targeted support for parents aimed at
preventing violence and oppression linked to “honour” issues. For
the government, it is about having access to methods that produce
results which can be rolled out to the rest of the country.
4.2. Assistance
for victims
33. Assistance for victims may
take a number of forms. The States may create reception facilities
or shelters for victims (individuals or couples) of any form of
violence committed to uphold the so-called “honour” of a family,
as in Denmark, the Netherlands and Sweden. Telephone helplines have
been created in Denmark and Sweden either to advise parents, young
people, young adults and professionals on the issue of so-called “honour”
crimes or to provide support for staff dealing with victims.
4.3. Asylum
policy
34. The Committee
is concerned that migrant women are particularly
vulnerable to various forms of violence, including so-called “honour”
crimes. In Finland, there has been a special focus on the safety
of migrants and other vulnerable groups, particularly with a view
to identifying cases of violence committed on grounds of “honour”,
as part of the internal security programme.
35. In several member States, the gender dimension forms part
of the asylum policy, and the needs of certain groups of migrants
such as women or individuals having fled their country because of
gender-related persecution and “honour”-related violence in particular
are taken into account.
36. In Switzerland, the Asylum Review Board has developed a practice
on gender-related persecution in line with the notion of “belonging
to a specific social group”, and one of the grounds listed is so-called
“honour” crimes.
In Belgium, around 19% of the asylum
requests lodged in 2013 cited gender-related grounds, and 105 people
who feared becoming a victim of a so-called “honour” crime were
granted refugee status.
37. The United Nations Refugee Agency (UNHCR) does not have statistics
on so-called “honour” crimes and the asylum requests from individuals
who believe that they are at risk of falling victim to such a crime.
The UNHCR does not have specific statistics either on gender-based
persecution, beyond more general data on membership of a specific
social group. It can be stated, though, that asylum requests have
been lodged by individuals at risk from so-called "honour" crimes.
4.4. Combating
discrimination and so-called “honour” crimes
38. In the report it submitted
in connection with monitoring of the United Kingdom, the Sisters
for Change NGO
estimates that 95%
of black and minority ethnic (BME) women are at risk from so-called
“honour”-related violence. For its part, the Rights Watch NGO
explains that the British Government
has chosen to tackle the issue of violence against BME women, particularly
so-called “honour”-related violence, within the framework of the
strategy to combat terrorism, which could result in discrimination
or prejudice in dealing with the victims. In this respect, the Committee
recommends that the State party strengthen efforts to protect women,
especially BME women, from all forms of violence, including violence
in the family and so-called “honour” crimes.
39. Some NGOs report that domestic violence (including so-called
“honour” crimes) against foreign-born women appears to be stereotyped
in mainstream Swedish society and the reports on this subject as
occurring at the hands of same-culture foreign-born men.
4.5. Prosecution
and punishment of perpetrators
40. Some States parties opt not
to include so-called “honour” crimes in their Criminal code. The
Russian Government said in this connection that it was not planning
to incorporate additional articles in the criminal code imposing
harsher penalties for “honour-related” murder or assault committed
against women or girls or for forced marriage.
41. The committee recommends that judges and law enforcement officials
are systematically given training as regards the criminal nature
of so-called “honour” crimes.
42. Like GREVIO, the Committee has expressed concern that mitigating
circumstances are taken into account or milder sentences are handed
down in such cases in certain States.
43. In general terms, the Committee has deplored the lack of statistical
data on so-called “honour” crimes in the State reports it has reviewed.
Belgium has provided the CEDAW with some data on the number of cases of
“honour”-related violence registered by the country’s public prosecutor’s
offices: 17 in 2016, 94 in 2017, 101 in 2018 and 88 in 2019.
44. Between 30 and 60 so-called “honour” crimes are logged each
year in the Netherlands as a particular type of violence against
women. The Centre of national expertise on honour-based violence
provides support for the police, allowing them to intervene safely
in suspected cases. In 2014, the centre received 460 reports of
“honour”-related violence and participated in 11 prosecutions for
murder or manslaughter.
45. In its State report, the Russian Federation notes that “(s)ince
no specific instances of violations of the rights of women and/or
girls in the North Caucasus are cited in the concluding observations,
it is impossible to verify the assertion that such harmful practices
as child and/or forced marriage, abduction of women and girls for
forced marriage, crimes in the name of so-called honour, female
genital mutilation and polygamy are becoming increasingly prevalent
in the North Caucasus”.
46. The Committee also recommends that an effort be made to take
due account of so-called “honour” crimes and advocates their systematic
criminalisation. It also calls on the States to effectively apply
action plans, to provide training to law professionals, law enforcement
staff and medical staff with regard to the criminal nature of so-called
“honour” offences and the harmful impact of these practices on women’s
rights and to ensure that women who are victims of so-called “honour”
crime are able to file a complaint without fear of reprisals or
risk of being stigmatised and that they have access to legal, social,
medical and psychological assistance.
5. Forced
suicides and so-called “honour” suicides
47. Forced suicides can also be
placed in the category of so-called “honour” crimes. The former
lawyer, Ms Yaël Mellul,
has
fought for the recognition of forced suicide in France. “Suicides
of women who are victims of bullying occur when their mental deterioration
is fatal; the act represents the culmination of the process, a release
and the only solution to escape this hell”. She also points out
that “victims commit suicide as an ultimate act of release from
all the suffering they have endured and also because the shame and
guilt become unbearable”.
In
2018, 217 women are reported to have taken their own lives following
intimate partner violence.
48. Some NGOs have pointed out that, owing to the risk of higher
sentences, women and girls are sometimes encouraged to commit suicide
in order to save their family's reputation
.
Accordingly, so-called "honour" crimes are rarely reported or often
go unnoticed, as some believe that so-called "honour" can provide justification
for a crime, and furthermore these murders are often passed off
as suicides.
49. However, not all forced suicides can be equated with so-called
“honour” crimes. As a result, the expression so-called “honour”
suicide is also used. At a colloquy in the French Senate on 8 March
2010,
Ms Jacqueline Thibault,
Chair of the Surgir Foundation, stated that the number of suicides
by women had increased substantially in Turkey after the revision
of the Criminal code in 2005. These suicides are said to be committed
under pressure from families and could be regarded as so-called
“honour” suicides. GREVIO has also expressed concern over reports
of cases where women and girls have been encouraged or forced to commit
suicide. If there is a suspicion of provoked or forced suicide,
an investigation is conducted. The Turkish Criminal code describes
forced suicides as murders.
The Turkish Government adopted a
national action plan to combat violence against women for the period
2016-2020, providing for research to be undertaken regarding “fatal
cases of violence against women, suspicious suicides of women and
murders committed in the name of tradition and “honour””.
50. We must also make a distinction between forced suicides or
so-called “honour” suicides and murders disguised as suicides. It
is difficult to obtain detailed figures or even an idea of the scale
of this problem but it seems appropriate to check whether training
for judicial staff gives them the necessary tools to detect such
acts and whether the authorities in any Council of Europe member
States have taken measures to prevent them.
6. So-called
“honour” crimes against LGBTI persons
51. LGBTI persons can also be victims
of so-called “honour” crimes committed by family members or close relatives
because they cannot accept their sexual orientation or gender identity.
These crimes are a form of gender-based violence, which cannot be
accepted or tolerated in the name of any culture or tradition. To
my knowledge, there has not yet been a large-scale study on this
question. The information available to us is based on individual
accounts.
52. In its report for 2019, the International Lesbian and Gay
Association (ILGA) reported on the bullying and beating of a homosexual
man by his family because they believed he had tarnished their so-called
“honour”. He was reported to have been expelled from his village
in Azerbaijan for the same reason.
53. The case of Roşin Çiçek
was front-page
news in Turkey and beyond. 17-year-old Roşin was killed by his father
and his uncle because of the supposed affront to his family’s so-called
“honour” caused by the fact that he was homosexual. The father and
uncle were sentenced to life imprisonment. Ahmed Yildiz, a young Turkish
homosexual, was killed by his father in 2008 after revealing his
sexual orientation. He had told the police he was in danger. His
father is still on the run.
54. It has undoubtedly become more difficult for NGOs that protect
and promote the rights of LGBTI persons to do their work in Turkey
in the last few years. I was told that perpetrators of crimes against
LGBTI persons knew they would not be punished. LGBTI individuals
were obliged to adopt a low profile in order to be able to continue
their activities and no longer or rarely used the rainbow flag.
A situation that is not conducive to promoting LGBTI rights is not
generally conducive to protecting women’s rights.
55. I would also like to make reference to the work of Piet De Bruyn
on the persecution of LGBTI people in the Chechen Republic in recent
years.
This persecution, ordered at the
highest level, is reported to have been carried out with family
involvement. According to Amnesty International and the Russian
LGBT Network, a second wave of persecution began in January 2019.
The police have “reportedly demanded that families of gay and lesbian
people commit ‘honour’ killings against their relatives and provide
evidence of their murders”.
56. In his report, Mr De Bruyn emphasises that “being LGBTI means
contravening the so-called traditional society where a couple is
composed of a woman and a man. In the Chechen Republic, coming out
often means being shunned by the family. Homosexuality is considered
a disease and a provocation. LGBTI people are forced to hide their
sexual orientation and are obliged to live a secret life. They fear
being rejected, beaten up, tortured, abducted or even killed if
they come out. When the police or security forces discover that
a person is LGBTI, they threaten systematically to tell the family
if the person does not give them a certain sum of money”.
Ramzan Kadyrov, Head of the Chechen
Republic, has called directly on families of LGBTI people to deal
with the situation within the family circle. These attacks on LGBTI
people have taken place in a context of oppression for women, who
are required to follow a dress code and adopt so-called righteous
behaviour.
57. According to Human Rights Watch, in the Republic of Chechnya
“homosexuality is generally viewed as severely tainting the so-called
“honour” of the family. High-level Chechen officials fuel that attitude
by publicly condoning “honour killings” of gay and bisexual men”.
58. Transgender people may also be in danger. I have received
information from Inaya Zarakhel, a transgender woman who left Pakistan
because of threats to her family after revealing her gender identity. Her mother
supported her but she left owing to the risk of becoming a victim
of a so-called “honour” crime. She spoke about her experience as
a transgender woman in Pakistan and told me that “by transitioning
to my true gender I brought shame on my family”. After a year in
a reception centre for asylum-seekers, her application for asylum
in the Netherlands was granted. During our interview, she said “honour”
was a fluctuating concept and could mean something different depending
on the location. She recommended that a system of support for people
who have fled “honour”-based violence be set up at centres for asylum
seekers and that the safety not only of all their residents but
also, more generally, of those who have fled gender-based violence
be ensured.
59. I would also like to mention the conversion therapies to which
some people are subjected because their family wants to have them
change their sexual orientation or gender identity. These therapies
are traumatic and violent and should be banned. Their aim is supposed
to be to preserve the so-called “honour” of a family or relative
but they are in fact humiliating and intolerant. Victor Madrigal-Borloz,
United Nations Independent Expert on sexual orientation and gender
identity, called on States to “work together to institute a global
ban on practices of conversion therapy” when he presented his latest
report to the Human Rights Council in July 2020. He described these
practices as being “inherently discriminatory (and) cruel, inhuman
and degrading treatment, and […] depending on the severity or physical
or mental pain and suffering inflicted to the victim and […] may
amount to torture”.
I received the deeply
distressing report of a man whose partner was forced by his family
to undergo brain surgery aimed at making him heterosexual. The violence
to which LGBTI people may be subjected because of their sexual orientation
and/or gender identity is intolerable and we must take action so
that everyone is allowed to live an untroubled and violence-free
life.
60. Forced marriages are said to be organised to conceal the sexual
orientation of one of the spouses and paint a picture of a heterosexual
couple to society. In the United Kingdom, out of 1 142 forced marriages
in 2019, 2% of victims identified themselves as lesbian, gay, bisexual
or transgender.
61. We cannot dissociate attacks on women’s rights from discrimination
and violence targeting LGBTI people. It is my view that all of this
is intrinsically linked and so-called “honour” crimes occur in societies
where gender equality has not been achieved. Strengthening the fight
against so-called “honour” crimes means working in depth and in
a cross-cutting manner on gender equality issues. Promoting and
protecting LGBTI rights enables so-called “honour” crimes to be
combated more effectively.
7. United
Kingdom
62. The United Kingdom has not
yet ratified the Istanbul Convention, so it is not yet covered by
GREVIO reports. However, one feature of the country is the particular
attention it pays to this topic. The NGO, Karma Nirvana, estimates
that there about 12 victims of so-called “honour” crimes in the
United Kingdom per year, although this figure is thought to be an
underestimate. So-called “honour” crimes reportedly committed in
other countries are not counted and can be equated to a form of
organised crime that could be exported.
63. The tragic story of Banaz Mahmood is the subject of a documentary
broadcast
throughout the world. The police officers in charge of the investigation
explain very clearly that the family quite simply wished to remove
all trace of her existence. There was not a single photo of Banaz
in her parents’ home and her parents showed no desire to find her
again or pursue her murderers. Her family, who were supposed to
protect her, had ordered her killing because she had tarnished their
so-called “honour”.
64. She grew up in a Kurdish family which came from Iraq in 2005,
living a life between two different cultures, Kurdish and British.
She was the victim of female genital mutilation, like the other
girls in her family. Her parents arranged an early marriage for
her and Banaz resolved to marry the husband who had been chosen
for her. Her spouse raped her and beat her on several occasions,
telling her that he would kill her if she talked about this to anyone.
“I was like a shoe, at his complete disposal to be put on at any
time he wished”. She left and took refuge with her parents but they
encouraged her to return to her husband, whom they seemed to hold
in great esteem. She was told that a divorce would bring great shame
on the entire family. Nonetheless, Banaz ran away, as she was unable
to bear her husband’s violence anymore. She went to the police station
several times to report the violence to which she was being subjected,
which included marital rape, but no protection measures were set
up.
65. She met a man called Rahmat shortly after leaving her husband
and they had a secret affair. One day, however, they were seen kissing
on the street and when Banaz’s family found out about this, they
decided to organise her murder. When the first attempt was made,
she managed to escape and told her story at the hospital where she
had her injuries seen to. Her statement was filmed by her boyfriend,
Rahmat, and she left a letter for the police clearly stating who
was most probably going to kill her. She was killed by three men
in her parents’ house and her body was put in a suitcase and buried.
Two of the three men got away to Iraq, where they celebrated the
murder. The British team in charge of the investigation succeeded
in obtaining their extradition and they were sentenced to life imprisonment
in the United Kingdom.
66. In this documentary, I was particularly struck by the statement
by the victim’s sister, who had fled her family and had been living
in hiding since she had given evidence against her family in the
course of the investigation. The police officers and investigators
state that they did not carry out the investigation for Banaz’s family
but for the victim herself and her memory. They regretted that she
had not been placed under protection despite the many warning signs.
What happened to Banaz has clearly had a very profound effect on
people.
67. We also heard Jasvinder Sanghera tell her story during our
hearing. When she reached the age of 14, her father gave her a photo
of a man far older than her, whom she was to marry. She refused
because she wished to continue to go to school. Her dream of independence
was out of the question, an independent woman would bring dishonour
on the family. Even so, she dared to say no to her father. Consequently,
she was taken out of school and locked up in her own home. She escaped
from the house at the age of 16. She explained to her family that
she had to be able to decide whom she wanted to marry but her family
did not agree and considered that their daughter had brought dishonour
on them. Her parents broke off all contact with her. She also told
the story of her sister, a victim of violence whose views had not
been listened to.
68. She gave some examples of situations which “tainted” a family's
honour: refusing an arranged marriage, having an extramarital relationship,
integrating, being on social networks, seeking help, leaving home
or divorcing. She set up the Karma Nirvana association in 1993 to
give victims of so-called “honour” crimes a voice, protect them
and save lives. Her association emphasises the role of the families
which commit so-called “honour” crimes. The victims are not listened
to enough when they report what is going on to the authorities, which
are too inclined to refer to the families, who are the perpetrators
of the crimes. According to Ms Sanghera, so-called “honour” crimes
are very much a consequence of the patriarchal structure of our societies.
But the fact that women help to perpetrate and cultivate “honour”
crimes is not to be underestimated”. She stressed the fundamental
role of schools: “when we are young, we are largely conditioned
by our family. It is the family that educates us in part and gives
us the codes governing what we can and cannot do. There is no book
that teaches us what honour is. This is drummed into us by our parents,
the people we love the most. And if we transgress the “code of honour”,
we learn that there are sanctions (…) The key to combating so-called “honour”
crimes is education. Critical thinking has to be developed in young
people and it must be ensured that professionals realise that “honour”
crimes exist”.
69. Nazir Afzal, who has prosecuted over a hundred so-called “honour”
crimes in the United Kingdom, stressed that these crimes reflect
a desire for control. “You can’t just say come back tomorrow. There’ll
be no tomorrow. The first contact is the most important. When a
person asks for help, you must be able to help them and report the
incident straight away. Otherwise, you’ll just be adding to the
risks that person faces”. He believes it is impossible to rationalise
what some people do in the name of so-called “honour”. In most of
the cases he has dealt with, the perpetrator of the crime felt no
guilt or shame. He or she was supported by his friends and family,
which does not happen in the case of domestic violence, for example.
70. Mr Afzal said the perpetrators of so-called “honour” crimes
did not think they would have to face the consequences and answer
for what they had done. Often, those crimes were a form of organised
crime. One case in eight in the United Kingdom involved resorting
to hired killers, who apparently were not paid, as they believed
it was the thing to do in order to restore so-called “honour”. Victims
were of all ages and various reasons were given, such as propriety,
sexuality, gender identity or sexual orientation. The crimes were strongly
linked to cultural factors, which strengthened so-called male power
and aimed to prevent women from making choices. A 21-year-old man
born and raised in England had told him that a man was like a piece
of gold which you could clean if you dropped it in the mud, whereas
a woman was like a piece of silk, which would be stained forever.
The concept of so-called “honour” was very strong, and a brother
who loved his sister could even go so far as to kill her in the
name of “honour”. The aim of that crime was to control women. He
pointed out at our hearing that if we tackled the question of masculinity
and a male-dominated society, we would reduce the incidence of so-called
“honour” crimes and murders.
71. In the United Kingdom, 120 000 police officers have been trained
in the detection of so-called “honour”-based violence. Specialist
staff are attached to the social and child welfare services and
the police. The police can now record, on a voluntary basis, whether
a crime has been committed in the context of the preservation of
a family’s or a community’s so-called “honour”.
72. Throughout the world the Covid-19 pandemic has resulted in
an increase in violence against women, particularly in the context
of lockdowns. I managed to obtain some information on its specific
impact as regards victims of so-called “honour”-based violence in
the United Kingdom when speaking to the representative of Karma
Nirvana. According to the data in her possession, the number of
people having fled so-called “honour”-based violence or forced marriages
increased by 35% between 2019 and 2020. The number of calls to their helpline
relating to new cases also increased, by 16%. With the heavy restrictions
on movement, there were more people seeking assistance via helplines.
The situation remains brittle to date.
8. Strengthening
the fight against so-called "honour" through concrete measures
73. Strengthening efforts to combat
so-called “honour” crimes is part of the more general stepping up
of the fight against violence at all levels. This will take place
through the ratification and implementation of the Istanbul Convention
(where that is not already the case) and the strengthening of national
legal provisions relating to the prevention of and the fight against
violence against women and domestic violence. We need to further promote
the Istanbul Convention and countering the attacks and disinformation
concerning it. It is crucial to have a clear definition of so-called
“honour” crimes in domestic legislation in compliance with the provisions
of the Istanbul Convention.
74. Action by the police, the courts and education systems can
help to combat so-called “honour” crimes effectively. The vulnerability
of LGBTI people to these crimes must also be recognised and the
protection of LGBTI people should be included in action plans aimed
at preventing and combating them. We must employ an intersectional
approach in our efforts to combat discrimination and violence in
order to recommend effective, non-stigmatising actions.
75. It is also important to train police officers to ensure that
victims are treated sensitively, effective assistance is provided
and future violence is prevented. Proper training could help in
detecting risks of so-called “honour” crimes and taking appropriate
measures. Investigators should also receive training. Consideration
could be given to setting up special units dedicated to combating
so-called “honour”–based violence. So-called “honour” based violence
should be unequivocally condemned.
76. Protection orders are a concrete means of enabling a potential
victim of a so-called “honour” crime to be moved away from those
who might put them in danger, and the use of these orders should
be encouraged. So-called “honour” is cited by some people as justification
for a crime but it can also make it harder for a potential victim
to leave.
77. It is essential to invest much more in awareness-raising activities
and prevention. The media should support the launch of information
campaigns aimed at preventing violence, including so-called “honour”-based violence,
and at promoting gender equality. Press coverage of acts of violence
often sums up violence perpetrated against a woman in a family of
immigrants as a so-called “honour” crime. Awareness-raising programmes
specifically aimed at men should be set up. This will help to change
mentalities so that men no longer see their wife, daughter, sister
or cousin as property that they own. According to the Humanists international
NGO, the concept of so-called masculine “honour” has its origins
in the objectification of women, who are seen as passing from their
father's control to their husband's control.
78. Educating children about gender equality from an early age
plays a key part in the achievement of equality in adult life. Programmes
to promote gender equality should be on the curriculum and must
help to embed equality firmly in people’s minds.
79. The reception of victims or potential victims in specific
facilities should be guaranteed. Preventing and combating so-called
“honour” crimes has a gender dimension and the need for assistance
can vary, according to the victim's gender. Adequate funding should
be provided for creating and operating these facilities, and making
them secure, and for staff training, including training in the detection
and prevention of so-called “honour” crimes, as well as the monitoring
of victims. The authorities should support the installation of a telephone
helpline in several languages.
80. Some political leaders have called directly on their communities
to protect their so-called “honour” and the “honour” of their families,
and such remarks should be emphatically condemned and no longer
tolerated. A call to violence is in itself a form of violence. In
no case can failure to respect certain traditions justify the slightest
violence. Refusal to accept a family member’s gender identity or
sexual orientation should not be a source of violence.
81. The role of mothers should also be emphasised. They may call
for so-called “honour” crimes to be perpetrated or perpetrate them
themselves, and they may also do nothing to prevent such crimes
from being carried out, so they should not be forgotten when organising
awareness-raising and prevention activities.
82. Victims of so-called “honour”-related violence or potential
victims of “honour” crimes should be able to find refuge in another
State if necessary and their asylum applications should be granted.
83. It is not possible to combat so-called “honour” crimes effectively
without collecting the relevant data. Ensuring the systematic gathering
of data on violence against women, domestic violence and violence
against LGBTI people and recording cases of “honour”-based violence
constitute a vital component of such efforts.
9. Conclusions
84. Looking into the question of
so-called “honour” crimes means also taking an interest in a more
general environment which tolerates this kind of violence. Growing
up in families where movements, appearances and behaviour are supervised
and controlled, or where homosexuality is not accepted or gender
identity is denied, is complicated. The collective reputation of
families and the community in the broader sense is still an extremely important
issue. This report is dedicated to the question of so-called “honour”
crimes but, more widely speaking, it enables us to highlight a system
of oppression linked to the so-called “honour”.
85. In these cases of so-called “honour” crimes, the focus is
more on the behaviour of the victim who is considered to have brought
shame, embarrassment and dishonour to his or her family rather than
on the violent, cruel and unacceptable nature of the crime. So-called
“honour” violence and crimes are often collective, organised and
collaborative offences, most of which are prepared and premeditated.
In some cases, they are even celebrated. The media coverage of so-called
“honour” crimes should also change.
86. Some researchers contest the use of the expression “so-called
‘honour’ crime” because there is no honour in such crimes.
When
he was the United Nations Secretary General, Kofi Annan talked of
shameful crimes rather than so-called “honour” crimes.
87. Most of our governments describe preventing and combating
violence against women and girls as a priority but have not made
the necessary resources available for doing so effectively. I believe
that strengthening the fight against so-called “honour” crimes will
depend on a political decision to make this a priority and to grant
the funds required for prevention and for helping victims, whatever
their profile.
88. Without collective awareness, we will not achieve lasting
change. The perpetuation of patriarchal cultures, in which so-called
“honour”-based violence against women or men is tolerated, is incompatible
with the progress brought about by the Council of Europe, since
its foundation, on human rights protection. It is our duty to condemn
all gender-based discriminatory practices or violence and not accept
any attempt to justify them, whether on grounds of so-called “honour”,
“tradition”, a code of custom or religious practice. We must renew
our commitment to preventing and combating violence against women
and domestic violence along these lines and continue to promote
the ratification and implementation of the Istanbul Convention as vigorously
as possible.