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==Honor killing in national legal codes==
According to the report of the Special Rapporteur submitted to the 58th session of the [[United Nations Commission on Human Rights]] (2002) concerning cultural practices in the family that reflect violence against women (E/CN.4/2002/83):


:The Special Rapporteur indicated that there had been contradictory decisions with regard to the honor defense in [[Brazil]], and that legislative provisions allowing for partial or complete defense in that context could be found in the penal codes of [[Argentina]], [[Bangladesh]], [[Ecuador]], [[Egypt]], [[Guatemala]], [[Iran]], [[Israel]], [[Jordan]], [[Peru]], [[Syria]], [[Venezuela]] and the [[Palestinian National Authority]].<ref>[[United Nations General Assembly]]: {{PDFlink|[http://www.unhchr.ch/huridocda/huridoca.nsf/AllSymbols/985168F508EE799FC1256C52002AE5A9/%24File/N0246790.pdf?OpenElement Working towards the elimination of crimes against women committed in the name of honour]}}, July 2, 2002</ref>

Though Israel is mentioned in the report, Israeli law does not allow for "family honor" as a defense in murder, partially or completely<ref>[http://www.knesset.gov.il/mmm/data/docs/m00085.rtf Knesset report on honor killings], June 27th, 2001 (Hebrew)</ref>.

Countries where the law is interpreted to allow men to kill female relatives in a premeditated effort as well as for crimes of passions, ''[[in flagrante delicto]]'' in the act of committing adultery, include:
*[[Jordan]]: Part of article 340 of the Penal Code states that "he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty."<!--[http://www.noor.gov.jo/main/honourcrm.htm]URL no longer active! --> This has twice been put forward for cancellation by the government, but was retained by the Lower House of the Parliament.<ref>[[Rana Husseini]]: [http://www.jordanembassyus.org/01272000001.htm Lower House again rejects cancelling Article 340 of Penal Code], ''Jordan Times'', January 27, 2000</ref>

Countries that allow men to kill female relatives ''in flagrante delicto'' (but without premeditation) include:
*[[Syria]]: Article 548 states that "He who catches his wife or one of his ascendants [sic], descendants or sister committing adultery (''flagrante delicto'') or illegitimate sexual acts with another and he killed or injured one or both of them benefits from an exemption of penalty."

Countries that allow husbands to kill only their wives ''in flagrante delicto'' (based upon the [[Napoleonic code]]) include:
*[[Morocco]]: Article 418 of the Penal Code states "Murder, injury and beating are excusable if they are committed by a husband on his wife as well as the accomplice at the moment in which he surprises them in the act of adultery."

*[[Haiti]]: Article 269 of the Penal Code states that "in the case of adultery as provided for in Article 284, the murder by a husband of his wife and/or her partner, immediately upon discovering them ''in flagrante delicto'' in the conjugal abode, is to be pardoned."

*In two [[Latin America]]n countries, similar laws were struck down over the past two decades: according to human rights lawyer Julie Mertus "in [[Brazil]], until 1991 wife killings were considered to be noncriminal 'honor killings'; in just one year, nearly eight hundred husbands killed their wives. Similarly, in [[Colombia]], until 1980, a husband legally could kill his wife for committing adultery."<ref>James D. Wilets: [http://www.law-lib.utoronto.ca/Diana/fulltext/wile.htm Conceptualizing private violence against sexual minorities as gendered violence: an international and comparative law perspective], 60 Albany Law Review 989, 1994</ref>

Countries where honor killing is ''not'' legal but is frequently in practice include:

*[[Turkey]]: In Turkey, persons found guilty of this crime are sentenced to life in prison.<ref>Dan Bilefsky: [http://www.nytimes.com/2006/07/16/world/europe/16turkey.html?pagewanted=1&_r=1 How to Avoid Honor Killing in Turkey? Honor Suicide], ''New York Times'', July 16, 2006</ref>

*[[Iraqi Kurdistan]]: In Kurdistan, women are killed nearly every day for 'dishonoring' their families.<!--<ref>[http://www.voanews.com/english/2007-05-08-voa58.cfm]</ref>URL no longer active! --> Honor killing was legal until 2002 in Iraq.

*[[Pakistan]]: Honor killings are known as ''Karo Kari'' ([[Sindhi language|Sindhi]]: ڪارو ڪاري) ([[Urdu]]: کاروکاری ). The practice is supposed to be prosecuted under ordinary murder, but in practice police and prosecutors often ignore it.<ref>[[Taipei Times]]: [http://www.taipeitimes.com/News/world/archives/2004/07/24/2003180222 Pakistan's honor killings enjoy high-level support], July 24, 2004</ref> Often a man must simply claim the killing was for his honor and he will go free. [[Nilofar Bakhtiar]], advisor to [[Prime Minister of Pakistan|Prime Minister]] [[Shaukat Aziz]], stated that in 2003, as many as 1,261 women were murdered in honor killings.<ref>Salman Masood: [http://www.nytimes.com/2004/10/27/international/asia/27stan.html?oref=login Pakistan Tries to Curb 'Honor Killings'], ''New York Times'', October 27, 2004</ref> On [[December 8]], [[2004]], under international and domestic pressure, Pakistan enacted a law that made honor killings punishable by a prison term of seven years, or by the death penalty in the most extreme cases. Women's rights organizations were, however, wary of this law as it stops short of outlawing the practice of allowing killers to buy their freedom by paying compensation to the victim's relatives. Women's rights groups claimed that in most cases it is the victim's immediate relatives who are the killers, so inherently the new law is just eyewash. It did not alter the provisions whereby the accused could negotiate pardon with the victim's family under the so-called Islamic provisions. In March 2005 the Pakistani government allied with [[Islamism|Islamists]] to reject a bill which sought to strengthen the law against the practice of "honor killing".<ref>[[BBC News]]: [http://news.bbc.co.uk/1/hi/world/south_asia/4311055.stm Pakistan rejects pro-women bill], March 2, 2005</ref> However, the bill was brought up again, and in November 2006, it passed.<ref>Asim Yasin: [http://english.ohmynews.com/articleview/article_view.asp?at_code=375584&no=330818&rel_no=1 Pakistan's Senate Approve Women Protection Bill], ''Ohmy News'', November 25, 2006</ref>. It is doubtful whether or not the law would actually help women.<ref>[http://www.hudoodordinance.com/taqi-usmani-article-english.htm The Reality of ‘Women Protection Bill’]</ref>

During the year 2002 about four hundred people (men & women) were killed in the name of (Karo-Kari) in [[Sindh]] Out of 382 (245 women, 137 men). The phenomenon of the killing in the name of honor has direct relevance to the [[Literacy|illiteracy]] rate, as these killings are more common in the areas where the literacy rate is lower. According to a report issued by the [[Human Rights Commission of Pakistan]] (HRCP), [[Jacobabad District]] ranked first in terms of murder in the name of Karo Kari (66 women, 25 men). Jacobabad district has a literacy rate of 23.66, the least literate district of Sindh after [[Tharparkar District]], and [[Thatta District]]. After Jacobabad, the [[Ghotki District]] witnessed the highest number of murders in the name of Karo Kari (13 men, 54 women).

After Ghotki, [[Larkana District|Larkana]] is the district with the next highest murder rate in the name of Karo Kari (24 men, 38 women). Larkana as well, has a low literacy rate of 34.95. This is lower than even [[Naushahro Feroze District]], [[Dadu District]], and [[Khairpur District]], having 39.14, 35.56 and 35.50 percent literacy rates respectively. These districts of the upper Sindh have low literacy rates but high feudal influence in every walk of life.

Jacobabad, Ghotki and Larkana are those districts of Sindh where not only the illiterate ones, but tribal chieftains are also in large number. According to a report released by the HRCP, the cases of Karo Kari are mostly settled at [[jirga]]s, the private and parallel judicial system of Chieftains. However, districts of lower parts of Sindh like Tharparkar, [[Badin District|Badin]], and Thatta experience nominal occurrences of honor killings because they have lower amount of feudal influence there.<ref>[http://www.sindhedu.gov.pk/Links/karokari%20new.htm Sindh Education Department]</ref>


==See also==
==See also==

Revision as of 20:20, 19 July 2007

Part of a series on
Homicide
Murder

Note: Varies by jurisdiction

Manslaughter
Non-criminal homicide

Note: Varies by jurisdiction

Family
Other

Honor killing as a cultural practice or religious practice

Sharif Kanaana, professor of anthropology at Birzeit University states that honor killing is:

A complicated issue that cuts deep into the history of Arab society. .. What the men of the family, clan, or tribe seek control of in a patrilineal society is reproductive power. Women for the tribe were considered a factory for making men. The honor killing is not a means to control sexual power or behavior. What's behind it is the issue of fertility, or reproductive power.[citation needed]

An Amnesty International statement adds:

The regime of honour is unforgiving: women on whom suspicion has fallen are not given an opportunity to defend themselves, and family members have no socially acceptable alternative but to remove the stain on their honour by attacking the woman.[1]



See also

Further reading

References and notes

  1. ^ Amnesty International: Broken bodies, shattered minds - Torture and ill-treatment of women, Report, March 6, 2001
  2. ^ Malcolm Knox: Historian challenges Palestinian bestseller, Sydney Morning Herald, April 13, 2005

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