To punish or to prevent? Legal regulation of the problem of „honour” – related violence in Europe and the Middle East
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2018, Vol 10, Issue 3
Abstract
The problem of „honour"-related (or „honour"-based) violence is a phenomenon that crosses the boundaries of countries, cultures and religions. Usually it is tended to be connected with various regions of the Middle East, such as Jordan, Lebanon, Palestine, Iraqi Kurdistan. In Europe this issue has appeared in public debates at the beginning of XXI century and it was restricted to the migration context. Such categorization has resulted in the politicization of „honour" - related violence, which is manifested in the strong relation between state's undertaken actions and such factors as political line of a ruling party or public opinions. The aim of this article is to answer the question about legal regulation of this issue in the chosen countries of the Middle East and Europe: Lebanon, Jordan, Iraqi Kurdistan, the United Kingdom, the Netherlands and Germany. Such comparison will result in the identification of means and methods of combating this kind of violence that are used in practice. Moreover, it will enable the author to indicate whether the migration context has an impact on the differentiation of undertaken actions. The subject of the analysis will be the legal regulation and jurisdiction, as well as activity of various public and non-governmental institutions that are involved in the prevention of this problem. The result of the analysis leads to the reflection on the question if penal law is really the most effective instrument of solving this problem. Discussed matter fits into the wider context of an issue of use of law in order to achieve the aims of public policies.<br/><br/>
Authors and Affiliations
Joanna Ptak-Chmiel
Keywords
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- EP ID EP436261
- DOI 10.7206/kp.2080-1084.231
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