Gender, Culture and the Law: Approaches to 'Honour Crimes' in the UK [Book Review]

Feminist Legal Studies 16 (3):305-321 (2008)

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach
Keywords Culture  Criminal justice  Ethnic minorities  Forced marriage  Gender violence  Honour crimes  Honour killing  Multiculturalism  Provocation  Violence against women
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DOI 10.1007/s10691-008-9098-x
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References found in this work BETA

Is Multiculturalism Bad for Women?Susan Moller Okin - 1999 - In Howard Cohen (ed.), Hypatia. pp. 228-232.
Multiculturalism Without Culture.Anne Phillips - 2007 - Princeton University Press.

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Citations of this work BETA

Hermeneutical Injustice and the Problem of Authority.Komarine Romdenh-Romluc - 2017 - Feminist Philosophy Quarterly 3 (3):1-23.

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