The UK: A Case Study on Honor-Based Violence and the Violation of Human Rights

Honor-based violence (HBV) is defined as an incident or act of violent crime, threats of violence, intimidation, coercion, or abuse (e.g., psychological, physical, financial, sexual, or emotional abuse) that the perpetrator commits under the pretense of protecting or defending the honor of a particular individual, family and or community for alleged or perceived transgressions against the code of behavior of a family and or community (UK Home Office, 2020). Although efforts to campaign against such practices of HBV have become popular in the UK, there have been minimum efforts made by the UK government to mitigate the issue and prevent them from happening in the first place (Dyer, 2015). Considering the failure of the state to protect its population from human rights violations by not intervening and protecting its vulnerable citizens as an act of human rights violation in itself, this article seeks to answer the research question of how the striking increase of HBV in the UK has shed light upon the violation of human rights committed, particularly upon its violation against the International Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Civil and Political Rights. The article will use historical analysis to uncover the events surrounding HBV cases in the UK and how the government tends to be incapable of enforcing the law against such crimes. To sufficiently answer the proposed research question, the article argues that there has been a lack of governmental action in enforcing the law against such violations. Although the UK has no specific laws favoring transgression, the government tends to be more lenient when confronting it.

HBV often involves girls and women, most at risk at 25 or lower. However, reported cases in the UK have also involved those between the age of 16 to 56. Most HBV is perpetrated by close family members, former partners, or partners' family members (Chesler, 2010). Although its number continues to increase, HBV remains underreported and under-documented. This circumstance is mainly due to the fact that reports involving the act tend to be sporadic, with widespread cover-up from family members themselves. It is also unfortunate to say that the majority of cases of HBV in the UK are mostly found among Muslim communities, with about 96 percent of all HBV cases in Europe perpetrated by Muslims. Although the concept predates Islam and is not theologically sanctioned, these acts are commonly linked to religion due to their connection to enforcing morality and upholding traditional values (Chesler, 2010; Keyhani, 2013). UK statistics have also shown that although HBV practices may not be associated with specific religious groups, there has been an overwhelming indication that women within communities with South Asian backgrounds, with 22 out of 29 cases reported in 2010, involve these ethnic groups. This situation made adverse inferences toward minority communities and caused further hostility and alienation (Dyer, 2015; Keyhani, 2013).

In the UK, the law surrounding HBV is a complex legal issue. These types of crimes fall within the Homicide Act 1957 and the Offences Against the Person Act 1861; therefore, it is considered a requirement in the UK for the perpetrators to receive punishment. However, it has become a commonality that offenders seek defense under cultural pretenses. Defendants tend to justify their actions as customary norms and seek mitigation on the grounds that the crime was committed based on protecting the family's honor (Keyhani, 2013). Indeed, family members play a significant role in the perpetuation of HBV in the UK by protecting "honor" systems and codes essential to crime. Communities may also adopt a "shroud of secrecy" surrounding the case of HBV, which may manifest in various forms such as disbelief, silence, complicity, or even defending the principle of 'honor' itself. Several cases of HBV have instead shown perpetrators to be seen as more respectable in the eyes of members of their communities due to their crimes. Community actions often contradict the protection of their women members, with their members who attempted to challenge HBV or offer protection to the victims, instead of being targeted themselves, receiving intimidations or even death threats from their fellow members in an attempt to force them to end their activities (Chesler, 2010; Dyer, 2015).

This predicament is a significant setback for Western legislators and law enforcement agencies who are not adept at handling cultural differences between communities and impact criminal sanctions. This cultural defense raises several issues. Firstly, it allows the perpetrators to excuse their illegal acts on the premises of cultural norms and thus escape the maximum effects of the law. This situation effectively outweighs the interests of the perpetrators above those of the victims. With the victims found to be predominantly women, it will significantly disadvantage and damage women's safety. Secondly, the permission to use 'honor' as a basis for a plea in mitigation contradicts the due diligence principle of modern thinking on human rights, which obligates the state to protect all its citizens equally. The notion of 'honor' has overshadowed the essential and systemic elements of the crime itself. Indeed, the integration of HBV into culture and honor has led to the defendant's ability to cover many sins. With the UK courts made to demonstrate multicultural sensitivity, members of minority groups have been enabled to use cultural pretenses as an excuse for cruelty and violations of human rights (Keyhani, 2013).

UK's effort to promote multiculturalism can be traced back to the British Nationality Act of 1948, which allowed the population of the former Empire, now known as the Commonwealth, to immigrate into the country. Most of those who participated came from Pakistan, India, and Bangladesh. By the 1960s, the number of immigrants who used this new act had reached six digits. Afterward, an influx of different ethnic communities rushed into the UK (Murray, 2017). The UK government introduced multiculturalism to eradicate racial tensions and discrimination and promote integration and a tolerant society. This cultural clash also tempted these newcomers, particularly the girls, and women, to assimilate and escape their lives of subordination. Their community members later punished this "disobedience" through various gruesome ways, including that of HBV, not only as a method of discipline but also as an example to those deviating from their tradition. Nonetheless, the program has instead failed to address the existing inequalities within the communities themselves, resulting in the growing contradicting relationship between these minority communities and the state and turning a blind eye against oppressive practices under the pretenses of "culturally sensitive" and "tolerant of diversity" (Chesler, 2010; Keyhani, 2013).

Upon introspecting the aforementioned circumstances, it can be considered that there have been several human rights violations committed. According to the International Covenant on Civil and Political Rights (1966), the acts of HBV can be considered to be a violation of Article 1 by preventing the freedom to pursue social and cultural freedom, Article 6 by depriving one's right to life, and Article 7 by subjecting an individual to torture cruel, inhuman, or degrading treatment and punishment. In addition, HBV also violates several articles within the Convention on the Elimination of All Forms of Discrimination against Women (1979), which includes Article 2 (i.e., state condemnation against all forms of discrimination against women), Article 3 (i.e., state's guarantee for women's exercise and enjoyment of human rights and fundamental freedoms equal to that of men), and Article 5 (i.e., state's modification in social and cultural patterns of conduct of men and women in eliminating prejudices). Although government institutions do not directly conduct the act of HBV in the UK in itself, the failure of the UK government to act accordingly and further prevent the perpetration of this act of crime in itself has made them guilty of the violation of human rights as it is the liability of the state to protect its citizens equally.

In conclusion, HBV is not a prevalent crime to be known or talked about in most Western countries, including the UK (Dyer, 2015). With decades of immigration process gone by, however, the UK's demographics have exponentially changed over the years, with different cultures and ethnicities now calling the UK their home. As seen by the exponential jump of HBV, it is proven that multiculturalism has yet failed to address issues within these communities and integrate with the greater UK. Through cultural and societal clashes, many of those belonging to these communities are now facing an arduous struggle in their duality of worlds, faced by individualism and liberal values of the West on the one hand and their respect for cultural traditions and pride on the other has led to the real fear for change, leading to the increased feeling of humiliation, irrationality, and even violence (Murray, 2017; Keyhani, 2013). Nevertheless, it is both the responsibility of the state and society to protect the human rights of its citizens; thus, there is a greater need for the reformation of the pre-existing multiculturalism, one that still upholds the fulfillment of human rights beyond multiple grounds.

References

Chesler, P. (2010). Worldwide Trends in Honor Killings. Middle East Quarterly, 17(2), 3–11. https://www.meforum.org/2646/worldwide-trends-in-honor-killings.

Convention on the Elimination of All Forms of Discrimination against Women, December 19, 1979, https://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx

Dyer, E. (2015). 'Honour' Killings in the UK. The Henry Jackson Society.

International Covenant on Civil and Political Rights, December 16, 1966, https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx

Keyhani, N. (2013). Honour Crimes as Gender-Based Violence in the UK: A Critical Assessment. Jurisprudence Review, 2.

Murray, D. (2017). The Strange Death of Europe: Immigration, Identity, Islam. Bloomsbury Continuum.

Office, H. (2020, December 16). Statistics On So Called 'Honour-Based' Abuse Offences, England and Wales, 2019 to 2020. GOV.UK. https://www.gov.uk/government/statistics/statistics-on-so-called-honour-based-abuse-offences-england-and-wales-2019-to-2020.