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PRELIMINARY BIBLIOGRAPHY: “CRIMES OF HONOUR”

PREFACE

This bibliography has been prepared under the auspices of the Project on “Strategies of Response to Crimes of ‘Honour’”, jointly co-ordinated by CIMEL (Centre Of Islamic and Middle Eastern Law) and INTERIGHTS (International Centre for the Legal Protection of Human Rights).  It includes annotations of published material from books and journals --both general and regional -- followed by case summaries from several countries (Australia, Bangladesh, Pakistan, the UK and the USA). 

The co-directors of the Project, Lynn Welchman, Director, CIMEL, and Sara Hossain, Legal Officer (South Asia), INTERIGHTS, would like to acknowledge the work of Samia Bano, former Research Assistant on the Project, in producing this bibliography. We also thank the following people who have volunteered in preparing annotations and in suggesting further sources: Cassandra Balchin, Christina Brandt-Young, Leyla Gulcur, Connie Hackbarth, Fouzia Khan, Ana Paula Linhares, Lisa Malesky, Naz Modirzadeh, Elaine Ngai, Rupa Reddy, Javeria Rizvi, Ziyad Sheikh, Anjolie Singh and Anna Yarmon. We would like to acknowledge Amnesty International for annotations of their reports on honour killings in Pakistan and to thank the International Women’s Health Coalition (IWHC) and the University of Minnesota Human Rights Centre for placing the bibliography on their websites (see www.iwhc.org/uploads/HONORCRIMESBIBLIO.PDF or www.1.umm.edu/humanrts/bibliog/honourintro respectively).

AIMS

This bibliography aims to assist those working to combat crimes of 'honour' by facilitating research and the development of strategies of response. We invite comments from users regarding possible improvements and additions to the bibliography, as it is clearly not exhaustive, and we intend to add further items at regular intervals to increase its usefulness as a tool for advocacy and research.

SUGGESTIONS FOR CHANGE

We should underline that the annotations are the work of the project, not of the cited authors of the various items. If any of the authors, or others, feel that we have misunderstood the substance of the piece, or missed out critical points, please do contact us at the email above with corrections and we will ensure that the annotation is amended accordingly.

Please send any suggestions for changes or additions to the bibliography (indicating where such materials might be located) by email or post to

·        cimel@soas.ac.uk citing ‘changes to bibliography’ as the subject title or

·        CIMEL, SOAS, University of London, Thornhaugh Street, Russell Square, London, WC1H OXG, UK.

Contents

1. General                                                        

2. Regional                                                                                 

    a)  Africa                                                              

    b)  Americas                                                                                                         

    c)  Europe                                                               

    d)  Middle East/North Africa                                            

    e)  Asia/South Asia           

3. Case Summaries                                                  

a) Americas                                                              

         USA                                                               

b) Europe                                                                 

         England                                                       

         Ireland                                                            

         Scotland                                                          

c) Asia/South Asia                                                    

Australia                                                          

Bangladesh                                                      

Pakistan                                                          

1. GENERAL

NEW ENTRY:

Abu-Odeh, L., ‘Comparatively Speaking: The “Honor” of the “East” and the “Passion” of the “West”’, Utah Law Review, (1997), 287-307.

The author describes dishonouring as a “collective injury” in which daughters and sisters, not only wives and girlfriends (or ex-wives and ex-girlfriends), are victims.  In contrast, a crime of passion is an “individual injury” and a result of sexual jealousy.  Whereas Arab laws have tended, more recently, to diminish the relevance of emotion in penalty reductions for honour crimes, the “West” has essentially moved in the opposite direction; a “humanizing” movement toward accounting for emotions replaced a prior emphasis on more honour-based contexts of defence.  This movement, however, has perhaps increased the danger of violence to women, as it had more often been the paramour who was likely to be killed in the honour/provocation context.  Both honour and passion allow for retaliation against a “broad spectrum of actions”.  The defence of passion in US Penal Codes may be based on a narrow interpretation requiring an observation of the victim in a sexual act or a broader interpretation of such passion being sufficiently elicited by a belief (whether true or not) on the part of the aggressor that his partner has become sexually engaged with another.  Likewise, the defence of honour across a variety of Arab Penal Codes may be applied to crimes committed in response to a range of women’s behaviours which may provoke suspicion or be perceived in and of themselves as an affront to the violating group’s or person’s honour.  The author argues that the violence of each reveals the somewhat contradictory fallacies that the “East is different from the West” and that “violence against women all over the world is the same.” She concludes that the honour of the "West" is the passion of the "East", and vice-versa, in that the provocation defence formerly relied upon in the common law of the "West" required the restriction of flagrante delicto.  This restriction is the 'passion'’ element of the Arab Penal Codes; without it the crime is only defensible as one of honour.  The author describes parallel “structural pairings” to "honour vs. passion" of “justification vs. excuse”, “objective vs. subjective standards”, and “judge/law vs. jury”.

An-Na’im, A. A., ‘State Responsibility under International Human Rights Law to Change Religious and Customary Laws’ in Cook, R. J., (ed.), Human Rights of Women: National and International Perspectives (Philadelphia: University of Pennsylvania Press, 1993), 167-188.

International human rights mechanisms must be invoked to ensure that customary practices or religious laws do not violate the rights of minorities within communities.  The practice of some forms of Islamic family law, for example, may lead to the violation of women’s rights within certain Muslim communities.  However if real change is desired then the application of human rights mechanisms must work in conjunction with dialogue with and between communities. Furthermore, the human rights discourse has adopted a ‘western’ approach whereby notions of ‘rights’ and ‘culture’ have been defined by the West creating what seems to be a ‘cultural legitimacy’ of human rights. A new approach to the relationship between local culture and human rights standards is outlined which seeks to open dialogues between international human rights standards and local communities as a way of changing certain oppressive traits of religious and customary laws and thus ensuring conformity with international law.

Baker, N. V., Gregware, P. R. & Cassidy M. A., 'Family Killing Fields: Honour Rationales in the Murder of Women', Violence Against Women, 5 (2) (February 1999), 164-184.

The authors of this study focus on the 'basic elements' of honour rationales in the murder of women, comparing the patterns of conduct in both traditional cultures and English speaking countries, to establish that such rationales are a 'world wide phenomenon'.  In their comparative assessment of honour and the killing of women, the authors examine three elements: control over female behaviour, feelings of shame experienced by the female's family when control is threatened, and the involvement of the community.  The authors assess the existence of these elements in certain intimate-perpetrated femicides in English-speaking western states, concluding that while honour undergoes a transformation in these contexts, particularly with the weakening of the community element, “the fact that honor is not an overt rationale for many femicides in the West does not negate its significance as a possible explanatory factor.”

Coomaraswamy, R. and Kois, L., ‘Violence Against Women’ in Askin, K. D. and D. M. Koening (eds.), Women and International Human Rights Law, Volume 1 (New York: Transnational Publishers, 1999), 177-286.

This chapter sets out the international legal framework related to state obligations to address violence against women.  It describes the various manifestations of violence against women and the legal responses to such violence.  Violence against women in the family can take various forms and is often located within the patriarchal power relations of a marriage.  Studies illustrate the prevalence of domestic violence and marital rape.  Domestic violence is utilized by both formal and informal actors to control women by controlling the one space universally inhabited by women -- the home. Violence within the community is also prevalent, where sexual offences are often condoned by the  state through failure of intervention and inaction.

Coulson, N., ‘Regulation of Sexual Behaviour under Traditional Islamic Law’ in Al-Sayyid-Marsot A. L. (ed.), Society and the Sexes in Medieval Islam (Malibu, California: Undena, 1979), 63-68.

Traditional Islamic law stipulates strict codes of behaviour in relation to sex and sexual behaviour.  According to the author, there exists no distinction between law and morality. Lawful sexual relations take place only within a legal marriage.  Other sexual relations are criminalised.  In general terms, Islamic criminal law is a two-tier system. The higher tier consists of certain defined offences entailing fixed punishments and known as hadd offences. The lower tier consists of all other offences, broadly categorized as less serious versions of the hadd offences, considered to fall within the tazir (‘deterrent’) jurisdiction. Here, the determination both of the offence and of the punishment is a matter for the discretion of the authorities, executive and judicial.

Goodwin, J., The Price of Honour: Muslim Women, Lift the Veil of Silence on the Islamic World (London: Warner Books, 1995).

Hassan, R., 'Feminism in Islam', in Young, S. and Young, K. (eds.), Feminism and World Religions (New York: State University of New York Press, 1999), 248-278.

This chapter examines the 'original' source texts of Islam (in particular the Qur'an and the Hadith) to challenge the historical absence of women within Islamic thought and to question the continued subordination of Muslim women under the guise of Islam. The author examines key Islamic texts and questions theological debates to consider why women are defined as 'unequal' and 'inferior'. Central to these ideas are the patriarchal constructions of 'honour' and 'shame' which seek to control female sexuality. For example, in traditional Arab society, women embodied the 'honour' of the family and community and this honour was directly linked to ideas of women's chastity or sexual behaviour. The term 'ird' was used to symbolise female honour and if women were seen to transgress this honour they were often killed. This practice of killing women in the name of honour continues in many Muslim countries today as women's sexuality is seen to be vitally related to men's honour and self-image in Muslim culture. A Muslim theology both for Muslim women and men is outlined which challenges the male interpretation of Islam and asserts that universal fundamental human rights values exist in Islam.

Leader-Elliott, I., ‘Passion and insurrection in the law of sexual provocation’, in Naffisen, N., and Owens, R.J., Sexing the Subject of the Law (Sydney: Sweet and Maxwell, 1997), 149-169.

The chapter examines the “sex and sexuality” of the plea of provocation, and its current application in Australian courts. A brief historical review of the earlier English law on adultery and theft is followed by a consideration of the relatively recent development of the modern law on provocation, which finds that “sexual provocation is a cultural defence which transcends religion or ethnic origin, and claims for itself a constituency almost exclusively masculine.” The author also considers court-imposed limits on the right of self-defence when a woman kills her violently abusive partner, and the evidence needed to establish loss of self control. The author’s question to the reader in conclusion is whether, in light of the evidence, sexual provocation should reduce murder to manslaughter

Mahmud, J., ‘Crimes against Honour: Women in International Refugee Law’, Journal of Refugee Studies, Vol.9, No.4, (1996).

This article examines two perspectives concerning refugee women in legal literature. One perspective argues that sex should be included in the Refugee Convention definition, of a ground of persecution and that the concept of ‘persecution’ itself should be reformulated to incorporate the experience of women. The second perspective argues that a distinction must be drawn between a persecutory ground and that issues relating to sex can be better addressed within the legal structures which currently exist. The article first provides a backdrop to the debate which discusses sexual violence and other forms of violence against women which exist in the refugee context; then gives a detailed exposition of both perspectives; discusses relevant practice in the area with reference to the Canadian experience; and finally provides comparisons and conclusions.

NEW ENTRY:

Mayer, A. E., Islam and Human Rights: Tradition and Politics, Third edition (Boulder: Westview Press, 1999), 106-113.

This section, part of a chapter entitled 'Restrictions on the Rights and Freedoms of Women', deals with the Universal Islamic Declaration of Human Rights (UIDHR). The author argues that the UIDHR denies women a number of rights and freedoms under the guise of applying Islamic principles. She addresses disparities between the English and Arabic versions of the Declaration and compares various UIDHR provisions to their counterparts in the Universal Declaration of Human Rights (UDHR). Article 19(a) of the UIDHR qualifies the entitlement to marry - unqualified in international law - by indicating that rules of the shari'a will impose restrictions. However, while the UIDHR contemplates retaining various pre-modern shari'a rules that impose restrictions on women, it provides in Article 19(i) that no one may be married against his or her will. As forced marriages do still take place, despite widespread prohibitions on compulsion in many modern personal status laws, the author credits the UIDHR with supporting the idea that as a matter of Islamic principle no one should be compelled to enter a marriage.

Thomas, D. Q. and Levi, R. S., ‘Violence Against Women: An Introduction’ in Askin, K. D. and Koening D. M., (eds.), Women and International Human Rights Law (New York: Transnational Publishers, 1997), 139-176.

This chapter details diverse forms of violence against women in a number of countries.  It highlights how violations against women may possess certain similarities worldwide yet the manner in which women experience mistreatment differs vastly within and between different countries. A number of country studies illustrate the varied nature of violence and abuse directed at women, including domestic violence, custodial abuse and employment discrimination, which transcend cultural, ethnic, religious and class divisions. The state is reluctant to intervene, often colluding with the perpetrators or failing to provide adequate protection for women. Discriminatory family laws are often justified in the name of tradition. Crimes in the name of ‘family honour’ are documented in a number of countries.

Youssef, N., ‘Cultural Ideals, Feminine Behaviour and Family Control’, Comparative Studies in Society and History, 15(3) (1973), 326-347.

This article highlights the importance of the structural context of family behaviour to explain the considerable dissociation in Latin America between values related to family organisation and the way women behave in actuality. Family organisation in Latin America is noted for its strong familism, patriarchalism and a tradition of male domination and the subordination of women. The family, as the primary source of identity, controls individual behaviour through the social value of honour. Family honour is linked to the interdependent characteristics of the manliness of the man (machismo) and sexual purity of the woman (verguenza). It is expected that a social system in which the security of a man's honour lies in the sexual purity of his female relatives will engender within its very structure rules confining women to a traditional role of marriage and motherhood. However, data from Latin America in the 1960s demonstrates female behavioural patterns relating to age at marriage, births outside marriage, literacy and education standards and participation in the labour force, all of which are incongruent with normative prescriptions. In contrast, data from Middle Eastern countries is presented which illustrates that most of the normative expectations regarding the female role are being met. This article further argues that women’s behaviour in Latin America diverges from cultural norms as the monolithic system of family authority and institutionalisation of ideal family norms have been weakened by two primary factors: the impact of the Spanish conquest and the influence exercised by the Catholic clergy. These situational circumstances have enabled a range of alternative behavioural patterns for women to supercede the single traditional role circumscribed by culture and sustained by family ideals.

2. REGIONAL

a)      Africa

NEW ENTRY:

Amnesty International & CODESRIA, ‘Monitoring and Investigating Sexual Violence’, (Basford: Russell Press Ltd., 2000).

b) Americas

Andrade, V. R. P., ‘Criminologia e Feminismo’, in Baratta A., Streck L. and Andrade, V. (eds.), Editora Sulina (1999), 105-117 (Portuguese Text).

The article stresses the serious crisis of legitimacy of the criminal justice system in Brazil. It points out that the criminal justice system faces ambiguous demands by society. On the one hand, there is a demand for a minimalist approach to sentencing, and on the other a demand for the criminalisation of certain conduct. Feminist demands encompass this ambiguity, by demanding decriminalisation of abortion, adultery and seduction, for instance, and the criminalisation of other acts, such as domestic violence and sexual harassment. The article questions the logic behind this contradictory methodology and the value of the criminal justice system in protecting women against violence. It argues that the criminal justice system actually repeats the victimisation process, as women become victims of institutional violence reflecting social and patriarchal discrimination, a process which ultimately affects the unity of the feminist movement. Rather than find protection in the system, women are put on trial and divided. Perpetrators and victims are selected according to their sexual reputation, establishing a great dividing line between ‘honest’ and ‘dishonest’ women. The author considers the criminal justice system to be unable to serve as a source of cohesion and unity for women, instead acting as a dispersion and exclusionary strategy which recreates inequalities and social prejudice. Legitimisation of the criminal justice system as a forum for addressing problems faced by women also deviates efforts within the feminist movement towards more creative, radical and efficient solutions.

Andrade, V. R. P., ‘Violencia Sexual e Sistema Penal: Protecao ou Duplicacao da Vitimacao Feminina?’, in Dora, D. (ed.), Feminino e Masculino: A Igualdade e a Diferenca na Justica, (Themis, 1997), 105-130 (Portuguese Text).

This article reflects from a feminist perspective on the ability of the criminal justice system to protect women against violence. The article argues that the use of the criminal justice system for the protection of women is flawed. The system is selective and unequal and results in institutional violence which also affects the victims. Women who make use of the criminal justice system may find themselves subjected to institutional violence which reproduces the structural violence of capitalist and patriarchal relationships. In cases of violence against women, the central issue is not the aggression and violation of freedom suffered by the woman concerned, nor the conduct of the man, but the examination of the character, social status and the past of both victim and perpetrator. The article argues that sexual reputation is as decisive for female culpability as social status is for male culpability. The protected legal object in crimes against women is the dominant sexual morals and not the sexual freedom or physical integrity of women. The author concludes by affirming that only by changing the male legal paradigm can women achieve a symmetry of rights.

NEW ENTRY :

Araji, Sharon K., Crimes of Honor and Shame: Violence against Women in Non-Western and Western Societies (University of Alaska Anchorage, 2000).

The author begins by evaluating relevant literature from traditional and developing countries, to discuss the historical and cultural connections between violence against women and concepts of honour and shame, to indicate that men predominantly perpetuate this type of violence against women.  In light of the framework of the theoretical rationale of neo-patriarchy and private patriarchy, the role of the male as perpetrator and of the female as the victim is discussed within the context of honour and shame in both traditional and western societies.  The discussion also embarks upon the role of the community and the abuse of women, violence against women and the control and abuse of women in both types of societies, as well as a comparison of the community’s involvement in crimes of honour in traditional and western societies.  The author concludes that male and/ or family honour depends on the control of women’s behaviour, arguing that honour systems legitimise patriarchy, and thus define the public sphere of life as dangerous and even off limits to females.  Further, she adds that the honour cultural belief system legitimizes abuse, even the murder of women, as violations of honour codes in both traditional non-western and modernizing western societies.  Finally, the author states that honour ‘as an overt explanation for violence against women in modern western societies such as the US -- should not be negated’ and that future research should consider the importance of honour systems to explain ‘the antecedents and consequences of male violence against women in intimate relationships in Western countries.

Barsted, L. L., Metade ‘Vitimas, Metade Cumplices? A Violencia contra Mulheres nas Relacoes conjugais’,  in Dora, D., (ed.), Feminino e Masculino: A Igualdade e a Diferenca na Justica (Themis, 1997), 73-84 (Portuguese Text).

Victimology, the branch of criminology which investigates the contribution of the victim to the occurrence of crime, is the theme explored in this article. Although in certain situations the conduct of the victim may be decisive for a dramatic turn of events, it is important to bear in mind that cultural standards of behaviour work distinctively and what could be considered as contributory conduct for a woman may be regarded as normal for a man. Social scientists should not allow victimology to be manipulated by gender bias. There is no evidence to suggest that women have a docile, sweet nature and men a violent and aggressive one. Cultural patterns however influence conduct – the expression of each individual’s nature. Statistics show that men are mostly victims of violence committed by strangers, whereas women are most likely to suffer violence committed inside their own homes. It is suggested that it is not helpful to see women as passive beings suffering violence. In many recorded cases, women are killed by their husbands precisely because they are trying to separate or create conditions for a possible future separation. The article argues that the lack of a strong position by the state in relation to domestic violence reinforces the idea that this kind of aggression belongs in the private sphere. When the state does not punish, or when it treats domestic violence as a form of ‘minor violence’ or second-class offence, it gives out signals that private justice is acceptable, when in reality it is barbaric and undemocratic. It is argued that the politics of the Brazilian judicial system in relation to domestic violence implicitly contributes to gender violence in the home and family.

Gupta, R. S., 'Walking on the Edge: Indian-American Women Speak Out on Dating and Marriage’ in Gupta, R. S. (ed.), Emerging Voices: South Asian American Women Redefine Self, Family, and Community (New Delhi: Sage Publications, 1999), 120-145.

This chapter outlines the processes of migration and marriage within South Asian communities in the US and questions what is meant by 'tradition' and 'culture' and how these manifest within the community. The traditional patriarchal family structure embodies specific gender roles which define women according to marriage and 'home'. Asian American women are however combining traditional and contemporary values to create a new way of being which facilitates their individual growth and aspirations within the basic family structure. Nevertheless, pressure to get married remains strong and the institution of arranged marriage is often perceived as the only acceptable form of marriage. This has led to intergenerational conflict and interviews with young women reveal many cases of secret relationships. If parents learn of such relationships there is shame and a loss of honour for the family and many women are subsequently forced into marriage or remain in long term 'secret relationships'.

Human Rights Watch, Women's Rights Project, Criminal Injustice: Violence Against Women in Brazil, October 1991, 20-26.

This section of the report focuses on the ‘honour defence’ used in Brazil to obtain acquittal of husbands accused of murdering their wives. It discusses how the defence is presented first as a ‘crime of passion’ and then as legitimate self-defence against imminent aggression against the honour of the perpetrator. A number of case studies demonstrate how the honour defence has been successfully invoked in Brazil resulting in the defendant’s acquittal. There is a tension between the rule of law and the influence of prevailing social norms which sanction wife-murder on grounds of honour and which have been endorsed by the judiciary. The report calls for changes to how the police and the judiciary deal with such cases and also for the government to be held responsible for failing to fulfil its obligations under both domestic and international law to guarantee equal protection to its citizens without regard to sex.

Leonard, K., 'The Management of Desire: Sexuality and Marriage for Young South Asian Women in America' in Gupta, R. S. (ed.), Emerging Voices: South Asian American Women Redefine Self, Family, and Community (New Delhi: Sage Publications, 1999), 107-119.

This chapter explores sexuality and marriage among young South Asians in the US. It focuses on the operation of arranged marriages and documents the levels of pressure exerted by older family members upon young Asian women to marry those deemed 'acceptable'. This in turn has led to inter-generational conflicts where young women may embark upon 'secret relationships' and define these as a form of resistance against dominant cultural influences such as arranged marriages. The chapter outlines the different levels of resistance young women may employ without challenging the patriarchal nature of the family. Women are put under great pressure to marry, which they are taught will enhance their self-worth and status within the community. These images and values are reinforced by the local 'ethnic' press who argue that parents are to be honoured and respected and to challenge their authority is to challenge their honour. It is women who are seen to embody this honour for the family and resistance to arranged marriages is perceived as a direct threat to the honour of the family and in some cases the community.

Maguigan, H., ‘Cultural Evidence and Male Violence: Are Feminist and Multiculturalist Reformers on a Collision Course in Criminal Courts?’, New York University Law Review, Volume 70 (1995), 36-99.

While both feminists and multiculturalists have advocated for inclusion of a wider variety of voices in American jurisprudence, they have perceived themselves to be on opposite sides of a vigorously disputed issue, viz. whether to permit criminal defendants to introduce cultural evidence. Some feminists argue that any admissibility of cultural evidence in cases involving male violence against women ultimately condones such violence.  Multiculturalists, by contrast, advocate the use of cultural information to counteract the injustice of applying the dominant culture’s legal standards to defendants from other cultures.  In this article, the author argues that the criminal justice system can and must begin to accommodate the seemingly irreconcilable goals of feminists and multiculturalists. After rejecting recognition of a freestanding ‘cultural defence’ as definitionally and practically unworkable, she explores alternative routes by which cultural background information can and should be used in criminal trials. Surveying current treatment of cultural evidence put forward by both male and female defendants in cases of domestic and non-family violence, she concludes that courts have wrongly adopted an all-or-nothing approach, either excluding all cultural evidence or admitting it without challenge.  To resolve tension between feminists and multiculturalist reform goals, the author advocates a more measured approach, endorsing admissibility of cultural information to the extent the evidence is relevant to prove a defendant’s mens rea.  The prosecution may then challenge this evidence, as it does other relevant defence evidence, through cross-examination, rebuttal testimony and reasoned argument.

Nelson, L. S., ‘The Defense of Honor: Is it Still Honored in Brazil?’ Wisconsin International Law Journal, 11 (1993), 531-536.

Writing in 1993, the author argues that the most significant legal event to date for the Brazilian women’s movement was the March 1991 murder trial and appeal of Joao Lopes. In that case, Brazil’s highest appellate court rejected the defence of honour which would have provided a defence to a husband’s killing of his allegedly adulterous wife. However, on remand, the State Court of Parana ignored the Superior Tribunal’s opinion and acquitted the defendant. This article examines Lopes within the context of the activities of the Brazilian women’s movement and the history of wife-murder in Brazil. It argues that the accomplishments of the women’s movement in regard to domestic violence in Brazil, like the effects of the Lopes decision, have been fleeting and illusory. While some real changes in women’s rights have taken place, these accomplishments have either had unintended negative consequences or lost their positive impact. Finally, this article considers whether the Brazilian women’s movement’s pursuit of equality based on a ‘one-size-fits-all’ vision of traditional, individual rights and assimilationist values is an effective approach to securing women’s rights in Brazil.

Scapini, M. A.,  ‘Acesso a Justica: Raca e Genero’, in Dora, D. (ed.), Feminino e Masculino: A Igualdade e a Diferenca na Justica (Themis, 1997), 27-30 (Portuguese Text).

The article examines the statistics of convicted offenders in the Brazilian prison system and describes women offenders as generally having committed non-violent crimes, or being accomplices or accessories to violent crimes. It notes that women are disproportionately represented in the criminal justice system as victims rather than perpetrators. A few important developments have occurred in Brazilian jurisprudence, particularly due to the mobilisation of feminists. It is suggested for instance that these include the increased credibility of  victims and sentencing of offenders. This may indicate a move from the traditional approach in criminal justice policy of avoidance of interference with crimes against women, particularly in the context of domestic violence. The author, a practicing lawyer, argues that changes are needed in the criminal justice system in order to give support to those involved in domestic crimes, by providing counselling to victims and offenders alike. She also suggests that judges and other officials should receive appropriate training in dealing with sensitive issues such as domestic violence and sexual crimes.

Spatz, M., ‘A 'Lesser' Crime: A Comparative Study of Legal Defences for Men Who Kill Their Wives,’ Columbia Journal of Law and Social Problems, 24 (1991), 597-638.

Throughout the world, men who murder their wives encounter legal systems lenient toward their crimes. This article examines three types of legal system which employ distinct means to reduce or eliminate criminal penalties for men who kill their wives. Criminal justice systems in Middle Eastern countries such as Saudi Arabia, Jordan, Lebanon, Morocco and Syria utilise statutes or customary law to achieve these aims. Although the Pakistan Penal Code does not recognise a defence for men who kill their wives, courts have utilised the concept of ‘grave and sudden provocation’ to serve similar ends. The article then outlines a second type of system, in which positive laws designed to protect women from their husbands are not enforced. In this context, a detailed review is made of the phenomenon of dowry deaths in India, in which young brides are murdered by their husbands to obtain higher dowries. Lastly, this article examines two countries, Brazil and the United States, in which judges have created defences for men who kill their wives. Although it has recently been rejected by the Brazilian Supreme Court, earlier invocations of the ‘legitimate defence of honour’ often resulted in little or no punishment for a man who killed his wife on the ostensible ground that she had offended his honour. Lastly, some courts in the United States have formally recognised a "cultural defence" which invokes racial, ethnic and religious factors to lessen a defendant's responsibility for certain crimes. This cultural defence is utilised disproportionately in wife-murder cases. This article concludes that the problem of lenient sentences for wife-murderers exists on a universal scale, thus not resulting from religious or cultural factors but from shared attitudes about women's worth and their proper role in society.

Spierenburg, P., Men and Violence: Gender, Honour and Rituals in Modern Europe and America (Columbus: Ohio State University Press, 1998).

This book analyses the relationship between gender relations, masculinity, and constructions of honour in Europe and America.  Violence, it is argued, cannot only be defined as ‘criminal’, as in many cultural contexts it is linked to honour and encoded in rituals.  Notions of ‘honour’ and ‘shame’ are gendered and closely linked to constructions of masculinity and femininity and male honour is therefore defined differently to female honour.  The concept of honour is defined as having three distinct layers: a person’s own feeling of self-worth; their assessment of their worth in the eyes of others and the actual opinion of others about them.  The criteria of judgement depend on the socio-cultural context of the community. Identifying the different standards of honour and masculinity is therefore a cross-cultural enterprise. A historical analysis of “western” societies reveals that a shift in the way the body and gender were perceived was accompanied by a transformation in concepts of gender and honour.  The ancient code of honour and its accompanying culture of violence have not disappeared entirely.

c) Europe

Anwar, M., ‘The Family and Marriage’ in Between Cultures, Continuity and Change in the Lives of Young Asians (London: Routledge, 1998), 99-116.

This chapter examines the changing nature of the ‘Asian family structure’ and attitudes towards arranged marriages.  The findings are based on a number of studies, conducted over a period of 25 years, which illustrate such changing attitudes. The process of migration and the creation of diasporic Asian communities in the UK have led to challenges to the ‘traditional Asian family’.  However traditional facets including patrilineal descent group, patrilocal residential rule, patriarchal authority and respect related to age and sex and preferential marriage patterns remain intact.  Many Asians continue to live in extended households or function as joint families. It is argued that power is hierarchically distributed according to age and sex, but there is little focus on the impact this may have on different members of the family household.  The notions of ‘respect’ and ‘prestige’ ensure that the basic nature of the traditional Asian family structure remains intact. Although the practice of arranged marriages has adapted over time with the introduction of marriage agencies, thus giving young people a greater say in deciding who they marry, it remains intact due to family and community pressure. Social policy studies reveal widespread support for arranged marriages among young Asians. The reasons given include personal experience and knowledge from one’s own family that the system had worked well in the past.

Asano-Tamanoi, M., ‘Shame, Family and State in Catalonia and Japan’ in Gilmore, D. D. (ed.), Honor and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association, 1987) No.2, 104-120.

This chapter compares a village in Catalonia to a village in Japan and outlines how both communities employ the concept of ‘shame’.  It argues that the notion of shame is embedded within the concept of ‘family/household continuity’.  The state constructs a ‘moral universe’ and locates the family and the household as central to this construction, which acts as an important ‘ideological mechanism’ to control sexuality.  Reproduction is central to the idea of the ‘family/household’ and women are seen to have clearly defined roles, which control their sexuality.  Furthermore, women who are unable to reproduce are considered to bring ‘shame’ onto their family and thus to cause a loss of family honour.

NEW ENTRY:

Ballard, C., 'Arranged Marriages in the British Context', New Community, Vol. VI, No. 3, Summer 1978, 181-196.

In the context of the increasing interest in how the emergent second generation of South Asians in Britain negotiate their way between the contrary value systems to which they are exposed, this article discusses the rigidly structured and detailed process of marriage among the Sikh community and identifies features of adaptation to the British context. Acknowledging the inevitable lack of material on adolescent attitudes, the author suggests that drawing on accounts of urban family life in India may help to provide a useful model of the kind of changes that may be expected to occur when traditional patterns are faced with new surroundings. The article is based upon case studies of twelve marriages between young Sikhs which took place between 1972 and 1976 in Leeds, from pre-introduction arrangements through to behaviour in marital life and marital breakdown. Constantly underscoring the entire process are the notions of izzat and status. There is competition to maintain and advance family status, and the maintenance of izzat requires that family members conduct themselves honourably and particularly that the women of the family have an unblemished reputation. While all the marriages studied in detail were arranged by the parents of the couple concerned, acceptance usually appeared to be the result of a considered examination of their personal position rather than of open coercion on their parents' part. Nevertheless, it would be difficult to deny that the decision was informed by the knowledge that rejecting one's parents' will would bring shame on the family. And while some young Sikhs in Leeds usually now expect to have a measure of  choice in finding a spouse, this remains  completely denied to others.

Baroja, J. C., ‘Honour and Shame: A Historical Account of Several Conflicts’ in Peristiany, J. G. (ed.), Honour and Shame: The Values of Mediterranean Society (Chicago: University of Chicago Press, 1966), 79-138.

Analysis focuses upon how the notions of ‘honour’ and ‘shame’ within Spanish society have evolved over time. Evidence of this is provided through analysis of four different types of text, legal, theological, literary and historical. At particular periods of time honour is connected to lineage and social class whilst at other times honour is connected to ideas of ‘pure blood’.  Nevertheless, the fact that the notion of honour has existed over a period of time indicates its ability to transform and adapt.  Some ideas embedded within notions of honour have died out over time. For example, the notion of honour as connected to genealogies is no longer prevalent. In contemporary Spanish society, honour is connected with social class. For example, the ‘left’ has sought to diminish the idea of ‘middle class honour’ and conservatives have raised challenges regarding the honour of the revolution and the poorer classes.

Basit, T., "Obviously I'll Have an Arranged Marriage": Muslim Marriage in the British Context, Muslim Education Quarterly, (13) 2, 1996, 4-19.

This study examines the views of twenty-four adolescent British Muslim girls regarding the institution of marriage. It is based on in-depth interviews with these young women, all in the final year of compulsory schooling in the East of England, and their parents, seemingly all from a working class background. The paper begins by discussing marriage in Islam, and the customs related to such a union in consideration of the views of the girls and their parents. Subsequent sections define and explore the tradition of other types of marriage, such as arranged marriage, consanguinous marriage and intermarriage. The final section concludes with the outcomes of the study, acknowledging that marriage is a dynamic phenomenon that is susceptible to change, depending on the different groups involved. In contrast with contemporary “western” views on marriage, marriage within the Muslim community is perceived as the only basis of family life and legitimate sexual relations. The study reveals that a vast majority of the young women and all of their parents were in favour of arranged marriage. Finally, in relation to the future of the institution of marriage amongst British Muslims, the author concludes that any change would largely depend upon religious prescriptions and their interpretation, for, in the life of a Muslim, a marriage is not just a custom but also a 'religious obligation'.

Bell, R. M., Fate and Honor, Family and Village: Demographic and Cultural Change in Rural Italy since 1800 (Chicago: University of Chicago Press, 1979).

This book traces the impact of demographic change upon rural Italian culture primarily through the four values of fortuna (fatalism), onore (honour/respect/dignity), la famiglia (family) and campanilismo (village), which defined a peasant's self-identity and circumscribed social behaviour. Based upon an analysis of four villages, the book contends that onore has meaning only within the context of la famiglia, the centre of Italian life. For every occurrence some response is required, and it is the pattern of such responses that establishes onore. Maintaining onore in the area of sexual behaviour is only a small part of the total effort required, for respect and dignity came with continued support of one's immediate family at a level appropriate to one's station in life. Death, significant as a denial of the cyclical continuation of la famiglia, and its connection to onore, is also explored. As procreation was a matter of onore for the husband and 'his' family, the death of a child took from the father a portion of his respect in the community. Funeral orations, especially recalling favours granted by an adult possessing onore, became a list of reciprocal debts still owed to la famiglia. The book argues that the transition from peasant to rural proletarian involved transformations of these aforementioned values.

Bhopal, K., Gender, 'Race' and Patriarchy: A Study of South Asian Women (Aldershot, Hants: Ashgate Publishing Limited, 1997).

This book examines the intersection of gender and ethnicity with specific reference to South Asian women in Britain. It investigates the dynamics of gender relations within households in order to explore differences that exist amongst South Asian women, focussing on arranged marriage, dowry, domestic labour, domestic finance, education, employment and religion. The precise focus of the study is the South Asian community in East London. Chapter 4 of the book examines the practice of arranged marriages. It points out that previous studies on arranged marriages are both descriptive and dated. It provides women's views on arranged marriages, including their definitions of arranged marriage, its importance within South Asian communities and, in cases where the women themselves were involved in arranged marriages, the type of contact they had with their prospective husbands. It also examines whether women would want their own daughters to have arranged marriages and their views towards women who do not have arranged marriages. It is argued that arranged marriages form part of the household, which is a structure which disadvantages women. Those women who participate in arranged marriages are disadvantaged through the system of arranged marriages. These women are defined as 'traditional' women. They experience private patriarchy though arranged marriages. Women who do not have an arranged marriage are defined as 'independent' women. These women are using their high levels of education to leave households and enter the public world.

Bhopal, K., ‘South Asian Women and Arranged Marriages in East London’ in Barot R., Bradley H. & Fenton S., (eds.), Ethnicity, Gender and Social Change (London: Macmillan Press Ltd, 1999), 117-134.

This chapter examines the position of South Asian women within the family and household in diasporic communities within the UK, with particular reference to arranged marriages.  It also examines the influence of education and how this affects whether South Asian women participate in arranged marriages.  Arranged marriages within South Asian communities in Britain are part of customary practices which originate from South Asia.  Little research has been conducted on the extent to which arranged marriages are practised in the UK and the processes involved.  The typology of arranged marriages put forward by researchers Stopes-Roe and Cochrane (the ‘traditional pattern’; the ‘modified traditional pattern’ and the ‘co-operative traditional pattern’) forms the basis of the research.  In Britain, the operation of kinship patrilineal networks and ‘biradari’ are vital to the operation of arranged marriages.  There exists a conflict between western norms and values of ‘marriage’ and the Asian custom of marriage.  Women have less control and influence over arranged marriages.  The right to refuse a marriage often exists for young men though not for women as they are considered to embody/carry the honour of the community.

Bourdieu, P., ‘The Sentiment of Honour in Kabyle society’ in Peristiany, J. G., Honour and Shame: The Values of Mediterranean Society (Chicago: University of Chicago Press, 1966), 193-237.

Honour exists and operates within the traditional Kabyle society in Greece as the basis of a moral code whereby elder members of the community define acceptable patterns of conduct and behaviour.  The relationship with others, through notions of ‘intensity’, ‘intimacy’ and ‘continuity’, takes precedence over the relationship the individual may have with him or herself. According to the author, the important position accorded to the notion of ‘honour’ is characteristic of all ‘primary societies’. Different values may exist which vary the application of the notion of honour but its centrality remains throughout.  In addition, the notion of honour also constitutes the political order thus transcending all arenas of life.  It is a common and intimate code, by which each individual must live.

Bradby, H., ‘Negotiating Marriage: Young Punjabi Women’s Assessment of Their Individual and Family Interests’ in Barot R., Bradley H. & Fenton S. (eds.), Ethnicity, Gender and Social Change (London: Macmillan Press Ltd, 1999), 152-166.

This chapter draws upon research conducted in Glasgow to examine what marriage means to second and third generation South Asian women. A total of 70 women were part of the three-year study. The strategies these women employ to counter the drawbacks of ‘arranged marriages’ are outlined and the balance that young women draw between their own interests and those of their patrilineality is explored.  The concept of ‘honour’ plays a pivotal role in defining marriage and the role of the community. The ‘honour community’ dictates acceptable behaviour in the community.  Women employed a number of strategies to delay marriage where the sanctions of the honour community could be avoided.  By postponing entry to a family-contracted marriage, young women were able to reassess and renegotiate their role within the system, rather than rejecting it in toto.  By preventing their behaviour from coming to the attention of the honour community of their parents, it was possible for young women to engage in activities that would be defined as of questionable honour before entering an arranged marriage.

Brandes, S., ‘Reflections on Honour and Shame in the Mediterranean’ in Gilmore, D. D. (ed.), Honour and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association, 1987), No.2, 120-134.

This chapter provides an overview of the studies on ‘honour’ and ‘shame’ in the Mediterranean. These concepts are related to control over scarce resources including land and property, political power and female sexuality.  A number of theoretical models which separate the notion of ‘honour’ from ‘shame’ are put forward to illustrate this. The importance of cross-cultural research is emphasised which provides an insight into the ‘moral workings’ of different communities. For example, female chastity is elevated to a symbolic virtue, which means that many women become pawns in the struggle for family honour.  It is this regulation of sexuality that is particularly characteristic of Mediterranean codes of honour and shame.

Briggs, J. and Z., Runaway (Vista, June 1999).

This book provides a detailed autobiographical account of the lives of ‘Jack’ and ‘Zena’, a young married couple from Bradford, UK, who have been in hiding for over six years after receiving death threats from Zena’s family, after she refused to marry in Pakistan.  It charts their struggle to live free from fear and persecution as Zena’s family, refusing to accept her marriage of choice, hire private detectives and bounty hunters to track them down and kill them in the name of ‘honour’.

British Home Office, Report of the Working Group on Forced Marriage, ’A Choice by Right’, June 2000. www.homeoffice.gov.uk

In August 1999, the Home Office Minister for Community Relations, Mike O'Brien, established a Working Group to investigate to what extent forced marriage was a problem in England and Wales and to make proposals for tackling it effectively. Baroness Uddin of Bethnal Green and Lord Ahmed jointly led the Working Group.Itsreport defines a forced marriage as a marriage conducted without the valid consent of both parties and where duress is a factor. It also outlines a number of proposals to tackle the problem of forced marriages. It states that the All Party Parliamentary Group on Domestic Violence should take forced marriage as an issue within its remit and work programme; and that the Inter-Departmental Group on Violence Against Women should monitor the action across Government Departments. )

Campbell, J., ‘Honour and the Devil’ in Gilmore, D. D. (ed.), Honor and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association, 1987), No.2, 56-69.

This chapter examines the interplay of religious notions of ‘good’ and ‘evil’ in the constructions of ‘honour’ operating within the Sarakatsani community in Greece.  It outlines how social and religious ideals are reconciled.  ‘Honour’ is defined as a form of integrity for men who are seen to retain their honour through violence.  While both men and women are seen to embody notions of honour, they do so very differently.  The female values of honour are referred to as the ideal conduct of modesty, virginal attitudes and selfless love. In contrast, men’s role is to protect this honour.  Thus the concept of honour is seen as the guiding principle of behaviour for both men and women.

Campbell, J. K., Honour, Family and Patronage: A Study of Institutions and Moral Values in a Greek Mountain Community (Oxford:Oxford University Press, 1964).

This book outlines how honour, family and patronage operate as fundamental values and institutions within the traditional community of Sarakatsani shepherds in the Greek mountains. The community comprises six hundred families whose members accept a system of social values based on concepts of honour, strength and pride. 'Honour' is constructed in male terms. Women are seen to embody the honour of the family and community and female sexuality is deemed dangerous and weak and in need of protection from the male members of the family. Women are largely confined to the private domain. If women are suspected of committing adultery or are involved in pre-marital sex they may be killed either by their father or brother. This is seen as the only way in which family honour can be restored. Marriage remains a central feature for maintaining social relations within the community. It comprises an arrangement sometimes between opposed groups and involves important considerations of honour and prestige. In order to maintain family and community structures marriage and the position of women within the family are crucial. There are different categories of honour killings yet the control and behaviour of women remains central to all.

Cottino, A., ’Honor as Property’, Journal of Legal Pluralism, 33 (4), (1993).

This article documents research conducted in the Italian countryside in the early nineteenth century. It focuses on the local courts' functioning and the peasants' law-breaking behaviour with particular focus on conflicts within the local community and between the local community and the State. It is argued that in the peasants' view there is no clear-cut separation between different types of conflicts and that honour and land represent two pivotal interchangeable values within a larger system of equivalences including women and livestock. Honour directly concerns fundamental values, for example problems of production (land and livestock) and reproduction (women). The article provides a detailed analysis of traditional anthropological approaches which adopt constructions of honour and examines the centrality of the code of honour which structures the peasant world. It is argued that there is a direct relationship between the control of women and maintaining land and property. Both women and land are seen to represent the honour of the community. Women are used in land disputes and the institution of marriage controls the preservation of honour through women.

Davis, J., ‘Family and State in the Mediterranean’ in Gilmore, D. D. (ed.), Honor and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association 1987) no.2, 22-34.

This chapter outlines the anthropological discussion on the question of homogeneity within a community and developments which led to diversification among peoples in the Mediterranean.  The concepts of honour and shame are linked not only to social status and importance but also to sex.  Previous writers have employed the concepts of honour and shame to illustrate homogeneity within the communities. However these concepts exist and operate in a variety of ways and according to different communities and are closely related to the ‘family’.  Honour is linked to the social status of the individual.  The ‘orientalist’ and ‘particularistic’ approaches are critiqued to illustrate how honour is used within the private domain of the family and community as a reaction to the state providing clear guidelines on issues of morality.  So the concept is used against a state which universalises ‘rules’ and fails to recognise differences within local communities.  A contrast between state rules and the rules of local communities is provided to question the extent to which universalising principles undermine local traditions.  An example of the relationship between family and state in Libya illustrates how honour and shame fit into the equation. Honour is chiefly concerned with relations between men and groups of men, much less with the control of women. The state has attempted to replace ‘honour’ with a family system of loyalties and claims of people’s lives to the state.

Delaney, C., ‘Seeds of Honor, Fields of Shame’, in Gilmore, D. D. (ed.), Honor and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association, 1987), No.2, 35-47.

Based upon anthropological fieldwork in a Turkish village in the Anatolian steppe, this chapter argues that the concepts of sexuality and procreation differentiate the honour/shame complex of the Mediterranean from that of other geographical areas. Attempts to explicate this complex by focusing on social structure, politics and economics rather than on sexuality fail to explain why honour is primarily seen as an attribute of men and shame of women, or why male honour is seen to be so inextricably linked to women. It is argued that honour and shame are functions of a specific construction of procreation, correlative with the concept of monotheism, in which the male and his semen are perceived to create while the woman is seen as the passive recipient. This social perception of the male creative ability is the foundation upon which the notion of honour is built, and it implies the need for control of women to assure the paternity of any offspring. Family honour is augmented by the practice of endogamy, in which females are retained within the family. The honour/shame complex is not solely a function of male dominance and authority, but a distinctive system in which power, sex and the sacred are interrelated and seen to be rooted in the verities of biology.

Elden, A., ’The Killing Seemed to be Necessary: Arab Cultural Affiliation as an Extenuating Circumstance in a Swedish Verdict’, NORA, (1) 2, (1998), 89-96.

This article discusses a Swedish court's verdict in which the cultural affiliation of an Arab Christian man who had killed his own daughter was considered to be an extenuating circumstance. A discussion of the meaning of gender functions as a point of departure from which the court's description of Arab and Swedish culture as opposites is called into question. In the courts, ruling 'culture' is defined as a homogeneous unchanging entity which demarcates majority communities from minority communities. Arab communities are therefore deemed as the 'other' and cultural defences accepted in the legal process. The author challenges both the underlying assumptions adopted by the court and how violence within Swedish society is never discussed in gender norms but from an individualized perspective and thus fails to recognise the endemic problem of violence against women within Swedish society.

Giovannini, M. J, ‘Female Chastity Codes in the Circum-Mediterranean: Comparative Perspectives’ in Gilmore, D. D. (ed.), Honor and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association 1987), No.2, 61-74.

This chapter questions traditional Mediterranean ethnographies which define honour as a cultural construct which orders social relations between individuals as well as kinship groups. The category of ‘honour’, as employed by traditional anthropologists, has failed to examine the control of female sexuality.  Instead, the term ‘female chastity’ is used to examine how it may operate as an indicator of social worth for all individuals and their respective kin groups.  Analysis focuses on how the control of female chastity operates within the community/supra-local linkages, class relations and the politics of gender.  ‘Female chastity’ is positioned within political, economic and ecological situations whereby kin groups compete over land and other scarce resources. Virginity thus comes to symbolise the family’s ability to protect its material boundaries.  This approach, which links together the concepts of ‘female chastity’, material conditions and social worth, is based upon rational responses to objective conditions and seeks to avoid earlier ethnocentric models which focussed solely upon ‘culture’. State and religious institutions legitimate, enforce and symbolically justify the cultural codes of female chastity.

Harris, R., Murders and Madness: Medicine, Law and Society in the Fin de Siècle (Oxford: Clarendon Press, 1989), 285-332.

This chapter outlines a historical analysis of how ‘crimes of passion’ in western countries have been defined around traditional constructions of masculinity. Men have claimed passion as the motive for the killing of wives, lovers or rivals in almost half of all murder cases.  In turn the courts have probed deeply into attitudes towards marital duties and sexual behaviour, searching for credentials such as honourable intent, loyalty and devotion.  The concepts of male honour, despair and outrage were thus couched in very different terms to women's use of them.  The interpretation of a crime of passion varied considerably between women and men.  The courts employed typologies of honourable and dishonourable masculinity to determine the guilt of men.  Men were seen to kill to protect their honour and traditional ideas supported this.

Herzfeld, M., ‘As in Your Own House: Hospitality, Ethnography and the Stereotype of Mediterranean Society’, in Gilmore, D. D. (ed.), Honor and Shame and the Unity of the Mediterranean (Washington DC: American Anthropological Association, 1987), No.2, 75-89.

Based upon anthropological work in a Greek village, this article examines the advantages of replacing the term ‘honour’ with that of ‘hospitality’ in researching Mediterranean societies. Arguing that ‘honour’ is semantically and logically suspect as a demonstration of circum-Mediterranean cultural unity, the concept of hospitality is presented as providing a more convincing basis for comparisons which could also be geographically extended. It is further argued that the more precise definition of hospitality, which involves reciprocity and proprietary rights, would permit escape from the well-worn generalisations about Mediterranean character and values. Hospitality can further be studied in its local, national and regional transformations and also forces anthropologists to consider their own part in constructing ethnographic generalisations which form the basis for social comparisons.

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Hossain, Sara and Turner, Suzanne, ‘Abduction for Forced Marriage - Rights and Remedies in Bangladesh and Pakistan’, International Family Law, (April 2001), 15-24.

Forced marriage is defined and then placed into a regional context in which individuals of dual nationality, British and either Bangladeshi or Pakistani, are abducted from Britain to Bangladesh or Pakistan for the purpose of forced marriage. The article examines such cases of dual nationals and assesses the obligations of the United Kingdom under international human rights law to provide protection in the incidence of forced marriage. The first section of the article describes the nature and scope of the problem, with reference to a specific case of forced marriage and its outcome.  The second section discusses the relevance and impact of addressing the issue within the international framework of human rights.  Section three reviews and assesses available remedies in Bangladesh and Pakistan, which include judicial protection, writ petitions, habeas corpus petitions, criminal law and procedure family law, consular protection and obstacles to judicial and consular protection. Following an assessment of available remedies, proposals for change in policy and practice are discussed to ensure the effective realization of the human rights of individuals threatened or affected by forced marriage. The article reinforces the view that abduction for forced marriage is a violation of women’s human rights, and that forced marriage is, in the context of Bangladesh and Pakistan, a violation of their Constitutional articles as well as their obligations under international law.  It concludes by stating that proposed UK measures of developing a systematic approach to address the problem of abduction and forced marriage would go a long way to ensuring fulfillment of these obligations but that ‘much.remains to be done to implement these in practice’.

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Longrigg, Clare, ‘Vendetta’, in Longrigg, Claire, Mafia Women, (Vintage, 1998), 72-88.

The author presents an account of different forms of vendetta which occur in Campania Italy. The chapter begins with the story of Amalia, who leaves her marital home after having been sexually assaulted by her father-in-law, whom her father, ‘urged by the dishonour done to his family’, later shoots dead.  Prison sentences such as those of Amalia’s father’s – who served two and a half years for ‘avenging dishonour’--  are considered ‘still very mild in Italy’. Amalia’s personal vendetta, which later became an obsession, also extended to avenging the murder of her brothers, who suffered violent deaths at the hands of the local mafia.  Other accounts of vendetta, accompanied by the perceptions of mafia women, include that of ‘ritual vendetta’, which was seen as a means for a man to prove his worth by avenging a wrong done to him or his family.  This principle of ‘a man who can prove his worth’ was enshrined in the law until 1975, and entailed a sentence of ‘only three to seven years: [because] a murder was justified if honour was at stake’.  Discussing the role of mafia women, and the mafia culture in general, the author indicates that the ambivalent attitude of the mafia women to the law ‘has its roots in Southern Italy’s ancient mistrust of the government’ and was created in the absence of mechanisms of the state to serve the people. Recognising that the law of vendetta did not acknowledge any other form of justice, the author discusses the redemption of honour through which the traditional Calabrian blood feud was fought in defence of a family’s honour.  In addition to a blood feud, another way to end a feud between clans, and to subsequently restore peace, was through arranging a marriage between a girl and a boy from the warring parties. 

Menski, W., ‘South Asian Women in Britain, Family Integrity and the Primary Purpose Rule’, in Barot, R., Bradley H. and Fenton, S. (eds.), Ethnicity, Gender and Social Change (London: Macmillan Press Ltd, 1999), 81-98.

The primary purpose rule, until recently a part of British immigration law, singled out South Asian women in refusing entry clearance to their lawful spouses. This chapter argues that exclusionary immigration rules aimed at certain groups not only marginalise ethnic minorities in Britain, but also wilfully disregard the legitimate expectations and socio-pyschological needs of Asian and other ethnic minority women in Britain. Exploring the consequences of such systematic disempowerment for Asian women, it is argued that while Asian women, as a class or social group, as well as individually, are being victimised and disadvantaged by the effects of British immigration laws, less prosperous Asian women in Britain are being further marginalised.

Mullick, Y. and Baker, M., ’Arranged Marriage and Own Choice Marriage: A Rationale for Both Types of Marriage Amongst Second-Generation Asian Women’, Clinical Psychology Forum, (118) August, 33-36.

The article is based on a study aiming to explore the meaning of marriage for women within the cultural value of inter-dependency, arranged marriage, and how the same women perceive the meaning of marriage within the cultural value of individualism, own-choice marriage. The twenty participants in the study were second-generation Asian Muslim women, all of whom were at an early stage of entering an arranged marriage. The 'laddering technique' of the Personal Construct Theory was administered in collecting the data, by asking each participant to imagine arranged marriage to be the preferred pole and own choice marriage to be the non-preferred pole, and vice-versa. The outcome of this applied methodology was suggestive of three outcomes, a preference for arranged marriage and interdependency, a preference for own choice marriage and individualism and a preference for arranged marriage on the one hand and own choice marriage on the other. The article concludes by stating that by incorporating the present methodology into clinical practice, the management of exploring such areas would assist and allow a western-trained therapist to surpass a Eurocentric understanding of human behaviour and to gain information about the construction of reality for an individual of a different culture; in this case, a context for formulating an understanding for second generation Asian women's attitudes towards arranged marriages.

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Pearl, D., 'South Asian Immigrant Communities and English Family Law: 1971-1987', New Community, Vol. XIV, No. 1/2, Autumn 1987, 161-169.

Focusing on the matters of arranged marriages, polygamy and recognition of foreign divorce, this article traces developments in family law as they affected Asian immigrant communities from India, Pakistan, Bangladesh and East Africa in England during the 1970s and 1980s. The central theme is the ability of the general law to accommodate the cultural traditions of these communities. Underlying this is a discussion of the need to provide a coherent pattern of guidelines with respect to the implementation of policy. An analysis of the outcomes of several petitions brought for a decree of nullity demonstrates the difficulty in identifying 'proper' from 'improper' pressures employed when 'seeking' the individual's consent in the context of an arranged marriage.

Peristiany, J., ‘Honour and Shame in a Cypriot Highland Village’ in Peristiany, J. G. (ed.), Honour and Shame: The Values of Mediterranean Society (Chicago, 1966), 171-190.

This chapter outlines a theoretical model defined as a ‘common value language’ to examine how the notions of ‘honour’ and ‘shame’ may operate within Greek Cypriot communities.  It focuses on how the values of honour and shame are perceived and reflected within this framework, when these notions are invoked and which groups are most affected.  Within the Greek Cypriot community there exist two value systems, the urban and the rural. The rural value system embodies constructions of Greek Cypriot identity; the influence of Greek Orthodoxy is also pivotal. The village is defined as the “unit of moral evaluation” and the family regulates the behaviour of individuals, outlining a set of rules, duties and obligations.  It is within this unit that  moral values take their most potent form and honour and shame operate most directly. The state has little significance in catalysing values and loyalties; it is the family which is all-important.

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Poulter, S., 'Ethnic Minority Customs, English Law and Human Rights', International and Comparative Law Quarterly, 36 (3), 1987, 589-615.

This article presents a structure within which controversies between ethnic minority customs and English law may be systematically and coherently addressed, and proposes a "general theory" which may provide some principles and guidelines as to how English law should react when confronted with a wide variety of ethnic minority customs. It considers the parameters of a policy of cultural pluralism and legal toleration, and the impact of international human rights conventions as a reflection of English public policy. The issue of forced marriage is addressed as an instance of the application of the first principle of the "general theory". The author proposes that recognition or enforcement of the custom would run counter to human rights provisions and that there is room for judicial flexibility. Specific cases are referred to in order to show that English courts have demonstrated that they have considerable room for manoeuvre in deciding  the kinds of  pressures capable of amounting to duress.

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Poulter, S. M., English Law and Ethnic Minority Customs (London: Butterworths, 1986), 22-33.

The analysis of social and legal policy in this book is based upon the premise that any satisfactory solution to conflicts between state and customary laws must depend upon finding a proper balance and  some degree of compromise between them. In the chapter on marriage, a section deals with forced and arranged marriages. Having distinguished between the two, and identified forced marriages as those which are contracted under duress and where consent is not sought, and introduced various marriage alliance traditions, the author addresses aspects of English domestic law pertaining to the validity of marriage. Particular attention is given to what constitutes duress and the need for the English judiciary to properly understand the workings of ethnic minority familial structures. In conclusion, the author argues that for English courts to uphold forced marriages under the misapprehension that they are giving effect to the respectable custom of arranged marriages would be a great mistake. The book contains extensive references to caselaw and international conventions.

Schneider, J., 'Of Vigilance and Virgins: Honour, Shame and Access to Resources in Mediterranean Societies', Ethnology, 10 (1) (1971), 1-24.

The author examines cultural codes in operation in traditional Mediterranean societies which embody the notions of honour and shame. Analysis focuses upon how these practices govern 'family integrity', controlling the virginity of young women and girls. Women define the honour of the social group and honour is linked to family status and property within the community. Inter-community conflict is central to community values and the concepts of 'honour' and 'shame' operate to restore familial and community relations. Shame is defined as the reciprocal of honour and is especially important when one of the contested resources is women. Male control therefore is seen as crucial in maintaining the virtue of women and families associate honour with the virginity of unmarried daughters and the chastity of these women after marriage. An unmarried girl's loss of virginity brings unbearable shame on her family or lineage who, if they are to recover, must first kill the girl and then her lover.

Siddiqui, H. ‘Forced Marriages: The Duty of Social Services’, Community Care, 8-14 July 1999, 20-23.

The article addresses the issue of forced marriages in the UK, focussing upon the legal duties of Social Services to act in such cases. It draws upon the work of Southall Black Sisters, a black women’s organisation, which has dealt with the issue of forced marriages over a period of 20 years. It begins from the premise that all complaints of forced marriages should be taken seriously and defines what may constitute as a forced marriage. It outlines the legal duties of Social Services with particular emphasis on Part III of the Children Act 1989 and Part IV of the Family Law Act 1996. It concludes with a useful list for social workers of ‘signs’ which may indicate a possible forced marriage, outlining what they should and should not do in such a situation.

Siddiqui, H., ‘The Ties that Bind’, Index On Censorship, No.1., 2000, 50-53.

The case of Ruksana Naz, a young Asian woman from Nottingham in Britain, who was killed for ‘shaming her family’ sets the backdrop for this article. The author argues that this case, though at the extreme end of the spectrum, reflects how many Asian women in Britain face severe violence for refusing to conform to family expectations.  Forced marriage in the UK is not confined to Muslim women but cuts across faith, age, class, caste and racial group.  Discussion focuses upon the nature of a forced marriage and the different ways in which pressure to marry may manifest. It is a practice which can affect men but one which overwhelmingly affects women, whose ‘sexual purity’ represents the honour of the family.  The practice is an abuse of women’s human rights and reduces them to a position of sexual subservience. The author argues that the British Home Office, which set up a working party to report on the nature and scale of forced marriages in the UK, must listen to radical black women’s organisations and not depend for resolution of the problem on community leaders, who are largely male, conservative and orthodox. The issue of forced marriage illustrates how racism and cultural relativism deny Asian women the right to universal rights.

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Singer, Sir Peter, ‘When is an Arranged Marriage a Forced Marriage?’, International Family Law, (April 2001) 30-34.

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Southall Black Sisters, ‘Forced Marriage -- an Abuse of Human Rights. One Year After “A Choice by Right”’, (London: Southall Black Sisters, July 2001).

Thompson, A. and Siddiqui, H., ‘Clash of Cultures’, Community Care, 8-14 July 1999, 21-24.

This article questions at what point a long accepted practice may be considered to have become an abuse of rights for young girls and women from ethnic minority backgrounds.  It raises the dilemmas which social workers may experience in dealing with cases which require cultural and religious factors to be taken into account.  Social workers constantly come up against attitudes and practices of which they may disapprove, but when such cases also have an ethnic or cultural significance of which they may be ignorant, their actions and inaction can have serious implications.  The murder of Ruksana Naz and cases of forced marriages illustrate the crucial role of social workers. A number of cases are presented which demonstrate how social workers must address this complex issue with sensitivity while recognising that the human rights of the individual must prevail in all circumstances.

d)      Middle East/North Africa

Abduh, J., The Crime of Family Honour (Cairo: Cairo Institute for Human Rights Studies, 1999) [Arabic Text].

With an introduction by Nadia Abdel Wahab, this short book looks at the phenomenon of the ‘crime of family honour’ in Palestinian Arab society inside Israel. Separate chapters set the phenomenon in its socio-economic and historical context, showing how the concept of ‘family honour’ changes and considering: the status of women in the British Mandate and the Nakba of 1948; women in popular culture; the position of this part of Palestinian society regarding the issue of ‘family honour’; the women’s movement as an agent of change; and state policy regarding violence against women. An appendix sets out the programme of Al-Badeel (The Coalition against the Crime of Family Honour).

Abu Odeh, L., ‘Crimes of Honour and the Construction of Gender in Arab Societies’ in Yamani, M., (ed.), Feminism and Islam: Legal and Literary Perspectives (London: Ithaca Press, 1996), 141-194.

This article discusses crimes of honour in the Arab world. A paradigmatic crime of honour is “the killing of a woman by her father or brother for engaging in, or being suspected of engaging in, sexual practices before or outside marriage”. The article attempts to identify the role that these crimes play in the production and reproduction of gender relations in contemporary Arab life. It contends that these relations are the outcome of a complex triangular interaction between social violence, the crime of honour itself and state violence. The legal field through codification has had the effect of modernising the traditional practice of crimes of honour by defining the limits of its practice, sanctioning it in certain cases, and penalising the violators in others.  The article also argues that Arab legal systems have aimed to contain the practice of crimes of honour whilst recognising the emergence of subservient sexual types. Court rulings from Egypt and Jordan are examined to cast light on the interpretation of statute, and the different statutory provisions in Arab penal codes are considered in terms of ‘crimes of passion’ and ‘crimes of honour’.

Al-Fanar, ‘Developments in the Struggle against the Murder of Women against the Background of so-called Family Honour’, Women Against Fundamentalism Journal, 6, (1995), 37-41.

This article discusses the practice of honour crimes within Palestinian society inside Israel.  Family honour is defined as an entire social behavioural code imposed on women for the purpose of enforcing their inferiority and preserving male supremacy. It is argued that the Israeli state affords crimes of honour ‘special treatment’ attempting to portray them as part of Arab folklore and tradition in order to control the communities.  The state is directly linked to the continued perpetration of  ‘honour crimes and killings’, as women who attempt to escape are handed over by the authorities to the family or community leaders.  Thus this policy of preserving a retrogressive patriarchal tradition is part of the policy of political control over the Palestinian population.  Therefore, it is argued, the feminist struggle against tradition is an inseparable part of the struggle for equality and national liberation. The article also provides a case study of the practice of honour crimes within the Druze community in Palestine, through the illustration of a local youth colluding with the police to ensure that those who commit honour killings are not brought to justice. It discusses a demonstration by women against such killings and its condemnation by religious leaders and highlights the increasing failure of the state to take such killings seriously.

Al-Khayyat, S., Honour and Shame: Women in Modern Iraq (London: Saqi Books, 1993), 21-78.

These chapters examine how female behaviour is regulated in Iraqi society through the concepts of honour and shame, which impact upon all aspects of a female's socialisation. Negative attitudes to the birth of a girl are noted and connected to the concept of honour. As honour demands that girls be watched closely and controlled, their upbringing is considered difficult. Honour crimes occur more frequently in rural and Bedouin areas and among less educated families.  A man who avenges his dignity by killing a woman will be considered a hero by his fellow men and friends. Quotes from a variety of Iraqi women are used to illustrate attitudes concerning family relationships, education, menstruation and marriage.

Antonelli, A., ‘Crimes Not Stories’, Palestine Report, May 22, 1998, 22-24.

This article traces the work of the Women’s Centre for Legal Aid and Counselling in the Palestinian West Bank on the issue of violence against women.  Although the number of women killed in the name of ‘honour’ remains hidden from official statistics, research carried out by the Centre indicates an annual rise in killings. The restoration of  ‘family honour’ through the murder of young women is not considered unusual social behaviour within Palestinian communities and the Centre provides legal and educational training seminars and workshops to challenge such attitudes.  Women activists face an uphill struggle whilst existing legislation serves to protect men who kill in the name of honour and also fails to recognise the experience of female victims.

Antoun, R. T., Arab Village: A Social Structural Study of a Trans-Jordanian Peasant Community (Indiana University Press, 1977).

This book provides an anthropological study of the Kufr al-Ma village in the Ajlun district in Jordan.  The book examines the relationship between the structural nature of the community and the operation of its specific norms and values.  It goes on to consider what impact cultural and social processes operating within the community may have upon its members.  Two central themes discussed in the book are the issue of social control and the impact of social change due to economic changes.  Kinship descent and relations are central to the formation of the community and play a pivotal role in the relationship between community members and wider society.  This process is crucial to the control of marriage and sexual relations and those who wish to challenge such customs are often killed or made liable to pay compensation to the injured party.  The concept of ‘honour’ operates to maintain strict segregation between the sexes.  Unofficial legal bodies defined as ‘consultation groups’ regulate such behaviour and thus aim to maintain strict social codes relating to family, social and community relationships.  These groups, made up of male members of the community, are often implicated in honour killings but their behaviour is sanctioned by the community. They are therefore seen as moral guardians of the community.  A number of case studies illustrate that women are more likely than men to become victims of ‘honour killings’ and that the community condones such a practice.

NEW ENTRY:

Antoun, R.T., ‘On the Modesty of Women in Arab Muslim Villages: A Study in the Accommodation of Traditions’, American Anthropologist, 70 (4) (1968), 671-697

Prevalent in both the ‘great’ tradition of Islamic law and Quranic ethics and the ‘little’ tradition of village custom and belief, the modesty code is deemed here to be perhaps the most fundamental and pervasive cultural pattern in Middle Eastern peasant culture. In substantial detail this paper analyses the accommodation that occurs in both thought and action between these two traditions, an accommodation made necessary by the difficulty in conforming to the code due to the peculiar conditions of peasant life. It examines various historical, psychological, and structural explanations for the prominence and persistence of the value of modesty, discussing how the group’s honour is conceptualized in terms of its women’s modesty and upheld through the seclusion, punishment and control of women.

Bates, D. G. and Rassam, A., Peoples and Cultures of the Middle East (Prentice-Hall, Inc., 1983), 211-239.

This chapter discusses the concepts of honour and shame as values that inform aspects of individual behaviour and impart meaning to the lives of people in the Middle East. Crucial to these values is the idea that a man's honour is predicated largely on his ability to control the behaviour, especially sexual, of his womenfolk. This control involves a code of sexual modesty and the seclusion of women. Institutions that foster male domination and sexual segregation have accordingly become fundamental to the social order. While concepts of honour and shame are widespread among numerous Mediterranean peoples, what distinguishes them in the Middle East is the extent to which they are reflected in social institutions and form an explicit basis for social action.

Brand, A. L., Women, the State and Political Liberalization, Middle Eastern and North African Experiences (New York: Columbia University Press, 1998), 132-139.

This chapter summarises experiences of women’s organising and the evolution of women's legal status in Jordan. Early women's organisations were primarily limited to charitable work and were viewed as apolitical and less threatening by a male dominated society. Women's issues were further considered secondary due to the focus on the Palestinian national struggle.  The chapter outlines various laws which discriminate against women and transmit the message that economic, social and political control rests with men. It details external influences, particularly concerning women's right to vote and the funding of women's empowerment projects. The article also details reports of honour crimes, which appear to be rising in number and for which lenient sentences are generally given. It postulates that honour crimes in fact often have economic motives, or are committed to hide incest. Efforts to address domestic violence and honour crimes come primarily from unofficial circles and include regular coverage of these issues in the English-language press and activities by women's NGOs.

Brooks, G., Nine Parts of Desire: The Hidden World of Islamic Women (London: Penguin Books Ltd, 1995), 49-53.

This book examines the position of Muslim women in Muslim majority countries focussing upon their rights, duties and responsibilities.  It questions how Islam defines notions of equality and justice and considers whether Muslim women are ‘equal’ within the family, community and wider society.  The issue of honour killings is addressed to illustrate how Muslim women are subject to customary norms and values which control female sexuality and sexual behaviour. Honour killings are practiced in order to wipe away the shame a woman may impose on her family by committing adultery or transgressing familial norms and customs.  Such killings transcend class divisions: for example, a princess in Saudi Arabia was killed for resisting an arranged marriage. The practice however tends to be most prevalent among the poorer and less educated families.

B’Tselem, ‘Morality, Family Honour and Collaboration’ in Collaborators in the Occupied Territories: Human Rights Abuses and Violations, B’Tselem - The Israeli Information Center for Human Rights in the Occupied Territories, (January 1994), 89-99.

This chapter documents how during the first Intifada members of certain PLO affiliated groups, acting as a kind of ‘morality police’, took action against those who were deemed to have transgressed ‘traditional social norms’ in the Occupied Palestinian Territories. Prostitution was seen as corrupting society and playing into the hands of the Israeli authorities. During the six-year period of the Intifada, over a hundred women were killed on suspicion of collaboration and ‘immoral behaviour’. The concept of ‘family honour’ thus took on a national significance. Women whose behaviour was considered immoral were accused of damaging both the family and national honour and thus weakening the national struggle.  The report also includes five testimonies relating to women killed during the Intifada for transgressing traditional norms and values.

Dodd, P. C., ‘Family Honor and the Forces of Change in Arab Society’ in International Journal of Middle Eastern Studies, 4 (1973), 40-54.

Discussion focuses upon how the notion of honour, termed as ‘ird’, operates within Arab society, especially in rural areas. It is based on a secular value rather than a religious one and is an attribute both of individuals and a group. A man is considered to have honour but this is in large part a reflection of the honour of his family and his lineage.  The precise limits of the lineage of honour are not defined, although it is clear that it is traced exclusively through male kin. Male members of the family and extended family enforce the norms of honour. One major process of change, that of urbanisation, appears to have had relatively little impact on the valuation of honour.  Other processes of change, such as political revolution and military warfare, result in the suspension of the honour code but not in its abolition. However, education appears to promise substantial changes in the valuation of honour.

NEW ENTRY:

Fadia Faqir, ‘Intrafamily Femicide in Defence of Honour: the Case of Jordan’ 22/1 Third World Quarterly, 2001, No.1, 65-82.

The author draws on a number of studies and reports produced by Jordanian governmental agencies, non-governmental organisations and newspaper reports to present an overview of the reported extent and nature of violence against women in Jordan. Her approach to ‘honour killings’ as a particular type of intrafamily femicide in defence of honour is set within a ‘neopatriarchal’ analysis of Jordanian society and gender violence, as well as within the relevant international human rights framework. Statistics are presented (with reservations expressed as to the inadequate documentation of ‘honour killings’) and case examples are provided to illustrate, for example, the role played by rumour and reputation, and the ‘reasons behind honour killings.’ An overview of Jordanian law is accompanied by a short review of some of the relevant Islamic law principles. In a review of the positions taken by various groupings in the parliamentary debates on the subject, Faqir notes that “the majority of Members of Parliament perceived the bill as an attempt to legalise obscenity and encourage women to act immorally.” Among her conclusions is that the debate around amendment of the Penal Code in regard to ‘crimes of honour’ demonstrates a critical intersection of ‘traditional, national and fundamentalist’ discourses, “as Islamism and tribalism have adapted Arab nationalism to their discourse, contributing to the subordination of women.”

Goodenough, P., ‘Blood and Honour’, Middle East Digest, February 1995, 1-5.

This article discusses a number of cases in the Palestinian West Bank and Gaza, where women who have attempted to flee violent families have been killed. Local police agents are reported to collude with male members of the community to murder women. For example, Yasser Arafat’s Fatah faction includes ‘decency squads’ who assume the role of enforcers of family honour, searching for and often inventing pretexts for dealing with women perceived as ‘troublesome’. Women are killed in the name of honour for a variety of reasons, including rumours of an illicit romance or impropriety, ‘immodest’ behaviour or dress, associating with men suspected of collaborating with the Israeli authorities, or divorce and pre-marital relationships with men. Often little evidence exists against the women but only the death of the woman is seen to restore the family honour. 

NEW ENTRY:

Hammad, Suzanne H., ‘Essay: the Eradication of So-called “Honour Killings” in Jordan’ 7/84 Civil Society 1998, 17-20.

Setting her article within the definition of gender-based violence provided in the 1993 UN Declaration of the Elimination of Violence Against Women, the author notes a range of forms of coercion against women that might be considered to be forms of gender-based violence in the context of the Arab world. These include female genital mutilation (FGM), forced early marriage and ‘crimes of honour’, as well forms of ‘systems abuse’ in the area of health and well-being. The “impermeable sanctity of the family, in addition to the dearth of gender-des