First Steps Toward Understanding Honor Killing

2018 ◽  
Author(s):  
Robert Paul Churchill
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Public Support ◽  
Traditional Practice ◽  
Honor Killings ◽  
Crimes Of Passion ◽  
Honor Killing ◽  
Muslim Majority ◽  
Definition Of

This chapter explores the oddity and complexity of honor killing. Sample incidents are discussed to reveal the general features of honor killing as a traditional practice significantly different from other forms of femicide. Adopting the Human Rights Watch definition of honor killing as a neutral and provisional guide, the chapter argues that honor killing should be distinguished from crimes of passion, domestic violence, and crimes of violence. Honor killings uniquely involve perceived obligations to execute a dishonored female where male blood relatives serve as killers and killing is a means of restoring family honor. Although most common in Muslim-majority countries, this practice occurs globally and apparently at an increasing rate. There is continuing public support for honor killing in some countries where it has been traditional despite increased official efforts to criminalize the practice. There is no special connection between Islam and honor killing. No religion endorses honor killing.

The Concept of Honor and its Reflection in the Iranian Penal Code

2012 ◽  
Vol 5 (1) ◽  
pp. 43-57 ◽  
Author(s):  
Irene Schneider
Keyword(s):  
Human Rights ◽  
Penal Code ◽  
Honor Killings ◽  
Islamic World ◽  
Sensitive Issue ◽  
Honor Killing

Abstract Honor is an extremely complex social and symbolic concept and a sensitive issue that has generated considerable legal and intellectual discussion in the Islamic world up to the present. The so-called ‘honor killing’ violates the principle of human rights. In this article the focus is on sexual honor and the understanding of the concept of honor and honor killing in the Iranian Penal Code of 1997, according to which a husband can kill his wife and her lover if he finds them committing an adulterous sexual act (zenāʾ). The questions asked are: How are honor killings described or dealt with in the Iranian Penal Code (IPC)? Are honor killings rooted in the Shiʿi jurisprudence (feqh) or custom (ʿorf )?

scholarly journals Robert Paul Churchill, Women in the Crossfire: Understanding and Ending Honor Killing (New York: Oxford University Press, 2018), ISBN 978–0–190–46856–9, 334 pages.

2019 ◽  
Author(s):  
Sital Kalantry
Keyword(s):  
New York ◽  
Historical Perspective ◽  
Significant Contribution ◽  
Gender Based Violence ◽  
Honor Killings ◽  
Crimes Of Passion ◽  
Oxford University ◽  
Honor Killing ◽  
Politically Motivated Violence ◽  
Gender Based

Women in the Crossfire, a book by philosopher Paul Churchill, is a significant contribution to efforts to understand honor killing. Too many works speak generally about gender-based violence. By focusing just on one type of gender-based violence, Professor Churchill is able to give us a number of insights into the crime than would otherwise be possible. True to his philosopher roots, he spends significant time in defining honor killings and distinguishing them from other crimes, such as crimes of passion, domestic violence, and politically-motivated violence. Defining honor killings allows him to better investigate its history, scope, causes, and solutions. The author explores honor killing from an empirical, cultural, psychological, and historical perspective.

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

Involuntary Circumcision of Males in Illegal Initiation Schools in South Africa: A Violation of African Customary Human Rights?

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Porsche Makama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Beliefs ◽  
Young Men ◽  
Cultural Tradition ◽  
Constitutional Rights ◽  
Topical Issue ◽  
Community Members ◽  
Human Right ◽  
Traditional Practice

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

Private Water, Public Good

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Water Policy ◽  
Human Right ◽  
The Public ◽  
Strong State ◽  
Neoliberal Reforms ◽  
Narrow Definition ◽  
Definition Of ◽  
State Interventions

Chapter 4 provides an in-depth case study of water policy in Chile from the 1970s to present, including an evaluation of the outcomes of water policy under the privatized system from a human rights perspective. The chapter interrogates Chile’s reputation as a privatization success story, finding that although Chile meets the narrow definition of the human right to water and sanitation in terms of access, quality, and price, it fails to meet the broader definition that includes citizen participation in water management and policy decisions. The chapter argues that Chile’s relative success in delivering water services is attributable to strong state capacity to govern the water sector in the public interest by embedding neoliberal reforms in state interventions. The Chile case shows that privatization is not necessarily antithetical to human rights-consistent outcomes if there is a strong state role in the private sector.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

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