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Forced Marriage and Violence against Women

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Forced Marriage and Violence against Women

Post by dianeh on Fri Apr 16, 2010 9:51 am

http://www.heraldsun.com.au/news/breaking-news/judge-warns-of-honour-killing-difficulties/story-e6frf7jx-1225854336808


Judge warns of honour killing difficulties


AUSTRALIAN courts face difficulties in dealing with honour killing crimes and forced marriage cases, Chief Justice of the NSW Supreme Court James Spigelman says.


Speaking at the University of New South Wales in Sydney on Thursday night, Justice Spigelman said there is a "fundamental conflict" between tolerance of cultural traditions and human rights when it comes to such cases.
Unlike in Britain, where forced marriage has been outlawed, Australia lacks the laws to deal with them.

"There is a fundamental conflict between a human rights approach to these matters, on the one hand, and the tolerance of cultural traditions, based on the assumption of an equality between cultures on the other hand," Justice Spigelman said."There is no way of avoiding the dilemma arising from this conflict of values."

Justice Spigelman cited the case of a Jordanian man accused of attempting to hire a person to kill his niece, who had ended her forced marriage and started a relationship with another man
.The sentencing posed "acute issues" as to how much the cultural sense of disgrace experienced by the man should be taken into account.



"These are difficult issues calling for judgment based on experience," Justice Spigelman said.

"However, that experience must also be informed by the broader social context, including the emphasis now being given to preventing violence against women, even if motivated by cultural considerations."












      What a load of crap this is!!!!!

      Cultural influences do not override a woman's rights or safety. And any man who tries to kill his neice (or wife etc) due to 'cultural influences' must be found guilty of a premeditated act. This is far worse than someone who kills his wife in a fit of rage. This is planned and then acted on. IMO, these killers deserve to be punished to the full extent of the war, and the 'cultural influences' should be used to increase the sentences, not decrease them, as it proves premeditation.

      Cultural influences regardless of what part of the community it is from cannot be used as an excuse to reduce the rights of women and children to safety. What good is culture to a dead woman or child? What good is culture to a child growing up being raped by multiple men? Society owes these women and children the same right to protection, and justice, as the rest of society.
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    Re: Forced Marriage and Violence against Women

    Post by Peaceful1 on Fri Apr 16, 2010 10:07 am

    This makes me so angry too Dianeh.
    No amount of cultural differences should allow someone to kill someone else!
    I get p8ssed off when other nations come to live in another country and try to change that country's rules to suit their own.
    I am a guest in Australia myself (being a Pom) and as always, I respect Australia's laws. I dont expect Australia to change for me.
    Having lived in the Middle East also, I learned to respect their laws as again, I was a guest in thier country.
    It annoys me that other cultures come to Western countries and still try to live by their own countries rules!
    No, I am not a racist, far from it, but I do believe if you chose to live in a country very different from your own, then be prepared to live by that countries rules and respect them.
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    Re: Forced Marriage and Violence against Women

    Post by bluj1515 on Fri Apr 16, 2010 11:48 am

    I don't know why this would even be a factor at sentencing.
    I could see a lawyer trying to make it an issue for the jury.
    But this is clearly attempted premeditated murder.
    Why would this be anymore of a factor than a drug kingpin trying to have a witness knocked off?
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    Re: Forced Marriage and Violence against Women

    Post by dianeh on Fri Apr 16, 2010 2:48 pm

    Bluj

    We have a problem in this country where excuses are made for why crimes are committed. Sentencing is at times based upon cultural factors, rather than the effect of the crime on the victim. Therefore if you are of a particular cultural group, you may recieve a lesser sentence. The sad part is these particular groups mostly commit the crimes within their own cultural groups, so the victims are of the same cultural group. To me, it means that these victims (and in the case the woman) do NOT get the justice they deserve.

    This has got to stop. It is stupid and bizarre.

    But what gets me is that why forced marriage has anything to do with it. In this country, if a woman wants a divorce, she gets one. It doesnt matter if she was forced to marry or not. The forced marraige is irrelevant. This woman wants a divorce and her husband tried to have her killed because of it. Culture has nothing to do with it, it doesnt make it any less a crime, and it doesnt make the woman any less deserving of justice.

    There is no tolerance of cultural differences that result in harm to women and children and take away the basic rights that they should enjoy in this country. The exact same rights as the rest of us. It is just a pity that the judges dont realise that.


    Last edited by dianeh on Sat Apr 17, 2010 2:24 pm; edited 1 time in total (Reason for editing : left out the NOT, now it makes some sense)
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    Re: Forced Marriage and Violence against Women

    Post by May on Fri Apr 16, 2010 7:52 pm

    Hi Dianeh
    Have to agree with you there is NO conflict. Murder is a crime, simple. Forced marriage should also be a crime.
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    Re: Forced Marriage and Violence against Women

    Post by dianeh on Sat Apr 17, 2010 2:27 pm

    Hi May

    I think forced marriage should also be a crime, I totally agree. The problem I have with this judge in the article above, is that he seems to think that just because the marraige was forced, that it somehow mitigates the mans crimes. Whether the marraige is forced or not is irrelevant. In this country a woman may get a divorce whenever she pleases. So trying to preventing her from leaving and holding her against her will, is a crime. That clearly is a crime. Trying to kill her is clearly a crime. The forced marriage is just simply not relevant to the crime of conspiracy to murder, attempted murder etc.
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    Re: Forced Marriage and Violence against Women

    Post by vee8 on Sat Apr 17, 2010 6:10 pm

    To me it's clear and simple. It is murder, and should be treated as such. In particular, the murder of your own flesh and blood is particularly horrific and barbaric, and should carry the maximum penalty, preferably, IMO, death.
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    Re: Forced Marriage and Violence against Women

    Post by Pedro Silva on Sat Apr 17, 2010 6:21 pm

    No excuse, no forgiveness.

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    Re: Forced Marriage and Violence against Women

    Post by May on Sat Apr 17, 2010 10:22 pm

    There are many cases within the UK of deaths of young women because they will not go down the route of a forced marriage, or even becuse they wish to become more westernised. The culture of some parts of society cannot be taken into account.........murder is murder.
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    Re: Forced Marriage and Violence against Women

    Post by May on Sat Apr 17, 2010 10:22 pm

    Pedro I agree.....no excuse, no forgiveness.
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    Re: Forced Marriage and Violence against Women

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