A/HRC/31/57
women and girls are guaranteed and protected at all stages of the legal processes, inter alia
through legal aid, support programmes and witness protection.
1.
Honour-based violence
59.
Violence committed by family members against relatives in order to protect the
family’s “honour” is a common practice around the world. In some communities honour is
equated with the regulation of female sexuality and with women’s conformity with social
norms and traditions. Women, girls, and lesbian, gay, bisexual, transgender and intersex
persons are the most common victims of honour-based violence, which targets female
sexuality and autonomy and individuals’ actual or perceived sexual orientation and gender
identity and expression (A/61/122/Add.1 and Corr.1).
60.
Women and girls tend to be at risk of honour violence or killing for engaging in
sexual relations outside of marriage, choosing partners without their family’s approval or
behaving in other ways that are considered immoral; Lesbian, gay, bisexual, transgender
and intersex persons are also targeted (A/HRC/29/23). Honour killings have been
documented in South-East Asia, Europe, North America and the Middle East and affect
5,000-12,000 women each year.37 States’ failure to prevent honour-based violence
contravenes their obligations to combat and prevent torture and ill-treatment. This includes
failure to grant asylum to persons facing the risk of honour violence in their countries of
origin.38
2.
Female genital mutilation
61.
Female genital mutilation has severely negative health consequences, including risk
of death; has no documented health benefits; causes severe stress and shock, anxiety and
depression; and has long-lasting, negative health consequences including higher risks of
post-partum haemorrhage and other obstetric complications.
62.
The practice constitutes torture or ill-treatment (A/HRC/7/3) and must be prohibited
in accordance with, inter alia, the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa (art. 5). Domestic laws permitting the practice
contravene States’ obligation to prohibit and prevent torture and ill-treatment, as does
States’ failure to take measures to prevent and prosecute instances of female genital
mutilation by private persons. The tendency towards “medicalization” of female genital
mutilation does not in any way make the practice more acceptable. States’ indifference or
inaction provides a form of encouragement and de facto permission for the practice to take
place and go unpunished. The Special Rapporteur notes that in many cases, the perpetrators
of female genital mutilation include the victim’s parents. In this context, prosecution and
the imposition of sanctions, including imprisonment, must result from a nuanced
determination that takes into account the best interest of the child.
3.
Child and forced marriage
63.
A forced marriage occurs without the full and free consent of at least one of the
parties or where at least one party is unable to end or leave the marriage, including as a
result of duress or intense social or family pressure. Child marriages involve at least one
party under 18 years of age. Seven hundred million women alive today were married before
the age of 18, and 250 million before the age of 15. 39 These harmful practices occur in
37
38
39
Honour Based Violence Awareness Network, statistics and data.
European Court of Human Rights, application No. 28379/11, D.N.M. v. Sweden, judgement of 27
June 2013.
United Nations Children’s Fund, Ending Child Marriage: Progress and Prospects (2014).
17
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