“Honour Killing: A Reflection on Gender, Culture, and Violence”

The central question in this article is: how should a democratic constitutional state deal with 'honour killings'? The authors discuss two alternative perspectives for interpreting the phenomenon, a cultural and a structural one. Next, the authors discuss how these perspectives, or dimensions of honour killing, should be reflected in how the democratic state deals with this phenomenon as a matter of justice. The authors argue that honour killing is not the inevitable consequence of loss of honour, even in the cultural frame of reference of the immigrant group. Next, we argue that honour killing is not a 'cultural thing' per se. It is as much about gender relations and, although the victim is occasionally a male, should be seen as a specific form of violence against women that is extremely harmful, and is ultimately based on specific notions of proper gender relations that seriously infringes upon women's autonomy. Lastly, the authors address whether the court should accept cultural evidence as mitigating this criminal conduct on the part of immigrant defendants. The authors convey that the right of immigrant women to equal protection by the state overrides the cultural rights of ethnic minorities. While recognising the validity of a cultural defence, this recognition should not lead to reduced sentences.