Harmful Traditional Practices in Europe: Honor Killings Among Immigrant Communities”
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Master of Arts in European Culture Palacky University University of Deusto Master Thesis “Harmful Traditional Practices in Europe: Honor Killings among Immigrant Communities” Student: Iuliia Rushchenko Thesis supervisors: Dr. Lubor Kysucan Prof. Aitor Ibarrola Bilbao - 2012 1 Contents 1. Introduction ………………………………………………………………………... 5 1.1. Research problem ………………………………………………………………. 6 1.2. Aim and object of the study ……………………………………………………. 8 1.3. Methodology …………………………………………………………………… 9 1.4. Structure ………………………………………………………………………. 10 2. Human rights dimension of harmful traditional practices and honor-based crime ……………………………………………………………………………………… 12 2.1.International and European policies of gender-based violence ………………... 12 2.2.Honor-based crime: dilemma between cultural relativism and human rights’ universalism ……………………………………………………………………. 16 3. Analysis of honor killings as a socio-cultural phenomenon …………………… 24 3.1. Honor killings and honor-based crime: the rationale (s) behind the practice and the explanations 3.1.2. Sociology ………………………………………………………………. 24 3.1.3. Cultural anthropology …………………………………………………. 27 3.1.3.1. Notions of “honor,” tribalism and customary law in Bedouin community: anthropological, sociological and psychological insights ………. 31 3.1.4. Criminology ……………………………………………………………. 39 3.2. “Geography” of honor killings worldwide ……………………………………... 44 3.2.1. Pakistan …………………………………………………………………. 44 3.2.2. Jordan …………………………………………………………………… 47 3.2.3. Palestine/Israel ………………………………………………………….. 49 4. Tackling the problem of honor-related crime in Europe ……………………… 56 4.1. An overview of honor killing cases in Europe ……………………………….. 56 4.1.1. United Kingdom ………………………………………………………… 56 4.1.2. Sweden ………………………………………………………………….. 61 4.1.3. The Netherlands ………………………………………………………… 63 4.2. Qualitative research “Attitudes and values of immigrants in Europe towards honor-based violence” …………………………………………………………. 65 5. Conclusion ………………………………………………………………………… 71 6. Bibliography ………………………………………………………………………. 73 2 Abbreviations and terms UDHR – Universal Declaration of Human Rights CEDAW – Convention on the Elimination of All Forms of Discrimination against Women; Committee on the Elimination of All Forms of Discrimination against Women CRC – Committee on the Rights of the Child HTP – Harmful traditional practices HBV – Honor-based violence FGM – Female genital mutilation ECHR – European Court of Human Rights VAW – Violence against women DEVAW – Declaration on Violence against Women 3 Abstract of MA thesis The present study deals with the problem of honor killings in the framework of a broader term of gender-based violence and harmful traditional practices. The author analyzes the "roots" of honor killings and the value of "honor" embedded in the cultural settings, social expectations and established gender roles of the Eastern societies; likewise, she explains the phenomenon through the prism of theoretical constructions from different disciplines: sociology, anthropology, psychology, and criminology. The study focuses on the cases of honor killings in the countries with the highest incidence of honor-based violence in the world (Palestine, Pakistan and Jordan) and discusses the problem of honor murders among immigrant communities in Europe taking the examples of the UK, Sweden and the Netherlands. A "pilot research", set forth at the end of the study, suggests that there are certain trends about attitudes and values of immigrants in Europe towards honor-based violence. 4 1. Introduction Having undergone a significant transformation from the continent of emigration to the destination of immigration, Europe has long been a place where people from diverse cultures settle and interact, bringing their own languages, traditions, customs and beliefs. Over the last decades, the concept of multiculturalism has been encouraged by certain European governments and the respect “for each and every culture” has been promoted. However, some of the cultural peculiarities brought to Europe by the immigrants, which are allowed by the community’s opinion and customary law in their countries of origin, constitute a violation of some of the main principles enshrined in the international and European human rights legal instruments, and, therefore, become a crime in Europe. Some cultural practices are targeted at women and children who are subjected to them involuntarily – such practices have been named “harmful traditional practices.” What are these harmful traditional practices? There is no clear and comprehensive definition of harmful traditional practices recognized by all international agencies and institutions, but both UN Committees of CEDAW (Committee on the Elimination of Discrimination against Women) and CRC (Committee on the Rights of the Child) agree that these are the practices prejudicial to the health, physical or psychological integrity of women and children rooted in cultural traditions and beliefs. 1 The fact that these practices stem from the traditional beliefs of the community makes the topic particularly interesting for the fields of sociology, anthropology and cultural studies. As put forth in the UN Fact Sheet No: 23,2 the harmful traditional practices include honor killings, female genital mutilation, forced feeding of women, early marriage, the various taboos or practices which prevent women from controlling their own fertility, nutritional taboos and traditional birth practices, son preference and its implications for the status of the girl child female infanticide, early pregnancy and dowry price. Every year millions of girls worldwide, mostly in Middle Eastern, Asian and African countries, are victims of HTP that have different consequences in the fields of health, education, survival and development, which are often traumatic, and which may cause grave injuries, and sometimes death.3 For instance, The United Nations Population Fund estimates that approximately 5,000 women and girls are killed every year by members of their own families 1 United Nations Fact Sheet No.: 23, Harmful traditional practices affecting the health of women and children . Geneva: Office of the High Commissioner for Human Rights, 2009. 2 Ibid. 3 M. Temmerman, E. Leye, “Issue in the European Health Care for Victims of FGM.” Gender-based violence in Europe . Brussels: IPPF European Network, 2009. 5 worldwide. However, many women groups in the Middle East and Southwest Asia suspect that the number of victims is at least four times more.4 A briefing paper prepared for the European Parliament in 2007 contains the following definition of the honor killing: “Honor killing is a practice whereby male members kill a female relative who is perceived as having damaged family honor […] In such a case, her death restores the honor of the family.”5 As put forth by Sylvia Maier, an honor murder constitutes “a physical extermination of young girls and women for allegedly transgressing gender roles and values in a particular society.”6 Honor killings are one of the most prejudicial and dangerous kinds of harmful traditional practices frequently defended or disregarded by police officials and public administration on the basis of “cultural accommodation” claims. The problem of honor killings and related to it gender-based violence has been tackled before by various international human rights organizations, such as the United Nations, Amnesty International, Human Rights Watch, various NGOs, and the recommendations to stop their spread had been already embodied in different human rights reports, decrees, resolutions and fact sheets. This issue has also been analyzed by scholars, individual human rights activists and journalists, such as S. Maier, S. Ruggi, R. Fisk, P. Chesler, N. Afzal, and R. Husseini. The problem of honor killings has been likewise theorized through a feminist and women’s rights perspective (A. Sev’er and G. Yurdakul, A. Gill, L. Pervizat,), in the light of socio-cultural context (N. Youssef, F. Faqir, L. Barsted) and in connection with the existing legislation in the Muslim countries, Islamic principles and Shari’a law provisions (L. Abu-Odeh, A. Quraishi, N. Shalhoub-Kevorkian, N. Coulson, L. Welchman). 1.1. Research problem Women’s rights organizations argue that in the last decade, honor-related violence has been more clearly present in Europe. The rise of HRV in north-western European countries is generally related to the immigration of workers, in the 1960s and 1970s, from the 4 Robert Fisk. “The Crimewave that Shames the World,” The Independent , 2010 [online] Available at: http://www.independent.co.uk/opinion/commentators/fisk/the-crimewave-that-shames-the-world-2072201.html (Accessed 10 April 2011) 5 “Honour Killing: Its Causes & Consequences: Suggested Strategies for the European Parliament,” 2007 [online] Available at: http://www.europarl.europa.eu/activities/expert/eStudies.do?languageEN (Accessed 10 March 2011). 6 Jennifer Dunham, “Honor Killings in Europe: An Interview With Scholar and Activist Dr. Sylvia Maier,” Perspectives on global issues Journal, 2008 [online] Available at: http://www.perspectivesonglobalissues.com/0302/SilviaMaier.htm (Accessed 15 April 2011) 6 Mediterranean, especially from rural areas of Turkey and Morocco and from the Middle East. In the 1980s, the immigrant workers brought their families over to Europe. From this period, the police were confronted with the first instances of honor-based violence, even though this term did not exist yet at that time.7 As stated by the vice-President of the European Commission Franco Frattini,8