Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 213
Many complete or partial defences to crimes of violence against
women rely on gendered stereotypes of what is acceptable
behaviour for men. For example, in some jurisdictions men are
permitted to rely on defences where they have killed or injured
women who have “dishonoured” them in some way, or are
suspected of “dishonouring” them. For example, it may be
considered a “crime of passion”, which may constitute a lesser
form of homicide than murder, to kill a woman because of
jealousy if she is suspected by her community of being
unchaste or if she is found in the act of adultery with another
person.
The implicit justification of “culture” lies behind a number of
crimes, for example FGM, forced marriage and crimes in the
name of “honour”.
Since the Declaration on Violence against Women 563 and the
CEDAW Committee’s General Recommendation No 19 on
violence against women, 564 international standards have
emphasized that traditional and cultural practices must not be
offered as justifications, excuses or defences to negate
individual criminal responsibility for crimes of violence against
women. This obligation under international human rights law
and standards requires that defences that arise from or
effectively result in discrimination against women should be
unavailable or appropriately modified in a human rights
compliant manner. 565
563
UN Declaration on Violence against Women, adopted by the
General Assembly under resolution 48/104 (1993), Article 4: “States
should condemn violence against women and should not invoke any
custom, tradition or religious consideration to avoid their obligations
with respect to its elimination”.
564
CEDAW General Recommendation No 19, above note 506,
paragraph 11.
565
Istanbul Convention, above note 509, Article 42(1): “Parties shall
take the necessary legislative or other measures to ensure that, in
criminal proceedings initiated following the commission of any of the
acts of violence covered by the scope of this Convention, culture,
custom, religion, tradition or so-called “honour” shall not be regarded
as justification for such acts. This covers, in particular, claims that the