24 octobre 2022
Is Honor Killing Legal in Afghanistan
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In the bivariate analysis (Table 2), a larger proportion of women with no education (99.0%) (compared to any education 87.8%, p < 0.00001), those who reported borrowing due to hunger in the past month (36.6%, compared with 18.4%, p = 0.006) and those who reported patriarchal gender attitudes (p = 0.069) reported "honour killings". Among married women, a larger proportion of women married to a parent who was not their cousin (36.7%, cf. 18.9%) and a larger proportion of women who reported experiencing spousal violence in the past year (46.2%, cf. 23.8%, p = 0.014) reported an "honour killing" in their family. The Afghanistan Independent Human Rights Commission recorded the killings of 238 Afghan women in 2019, 96 of whom were classified as honour killings. This is a slight decrease from 2018. Killings often go unreported and perpetrators go unpunished. In one case, a gay Jordanian man was shot and wounded by his brother. [54] In another case, in 2008, a homosexual Turkish-Kurdish student, Ahmet Yildiz, was shot dead outside a café and later died in hospital. Sociologists have called this the first gay honor killing published in Turkey. [55] [56] [57] [58] [59] In 2012, a 17-year-old gay man was murdered by his father in Diyarbakır province in southeastern Turkey. [60] [61] Matthew A. Goldstein, J.D.
(Arizona), noted that honor killings were encouraged in ancient Rome, where male family members who did not repress adulterous women in their families were « actively persecuted. » [114] As of 2022, most countries with full or partial defense against killings based on sexual behavior or parental disobedience are countries in the MENA region, but there are a few notable exceptions, namely the Philippines. The legal aspects of honour killings in different countries are discussed below: A common and often invoked offence that does not exist in written Afghan law is fleeing one`s home. Even though the runaway is 18 years old and legally an adult, courts still often impose a one-year prison sentence based solely on the common law. Indeed, Afghanistan`s law on the elimination of violence against women explicitly prohibits the persecution of runaways. « There is no crime like running away from home, » said Shukria Khaliqi, a lawyer and director of the legal program at Women for Afghan Women, an aid group that runs women`s shelters. « In some cases, judges don`t even pay attention to Sharia law; They ignore it and tell the girl, « It`s not Europe or the West here, it`s not yours, it doesn`t matter if you`re an adult or not. » The idea behind honor killing is that men are the guardians of morality in a society, and although honor is contained within women, they are unable to protect it properly because of their inferior intellect and power. Therefore, people are entrusted with this noble responsibility. Some men are also victims of this crime. The above examples are proof that this mindset of male superiority thrives across social classes, borders, cultures, and centuries. Many societies have stopped exposing women to abuse because of their alleged transgressions, but honor killings are still prevalent today in various regions, including Pakistan and Afghanistan. There are complex links between poverty and « honour killings ». In Afghanistan and the OPT, women who borrowed more in the past four weeks due to hunger were more likely to report « honour killings » in the family.
Borrowing can be an indication of poverty, and women who borrow more can be seen as a burden on a family. This confirms the anthropological literature [15] according to which poverty is at the root of « honor killings », although the exact reasons for this are unclear. Previous research has also shown that other forms of violence against women are associated with poverty [33]. Article 42 – Unacceptable justifications for crimes, including crimes committed in the name of so-called honour In some cultures, women are expected to play a primary domestic role. Such ideas are often based on practices such as purdah. Purdah is a religious and social practice of female isolation widespread in some Muslim and Hindu communities; It often requires women to stay indoors, avoid socialization between men and women, and cover women all over their bodies, including burqas.
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