Violent traditions
Violent traditions are used to justify acts of violence, including physical harm, against individuals perceived to have brought dishonour or violated religious or cultural norms or other rituals. Violence is never justified. Tradition-based violence and control may seem justified to both the perpetrators and the victim, even if it seriously violates the dignity and human rights of those experiencing violence. There are often many factors. Sometimes, the whole family or community can apply pressure and control.
The most significant factor in the emergence of conflicts and violent solutions is each family’s specific ways of functioning and resolving disputes, relationships with surrounding communities and broader society, and other family life histories and stressors.
- Preventing the independence of young people
- Putting pressure on marriage and socialising
- An absolute requirement of chastity
- Forced marriage
- Violence and control in a relationship
- Fear of community persecution after separation
- Isolation from the community
- Damage to the reputation
- Female genital mutilation (FGM)
- Non-medical male circumcision
- Many other forms of mental, physical, economic, and sexual violence.
Various abusive practices, including forced marriages, female genital mutilation, and physical or psychological abuse, characterise honour-based violence. It usually involves control, coercion, and other mental, physical, sexual, or religious violent acts perpetrated by family or community members.
Underlying this is the idea that the person subjected to violence has violated the community standards of conduct or suspicion of this. Through acts of violence, perpetrators think they are protecting or restoring their and the family’s honour, so others perceive them as a reputable family.
In general, forced marriage is arranged without the consent of both parties or when one or both parties cannot have their say in the marriage. A forced marriage differs from an arranged marriage, where there is the consent of both parties in a marital union. Child marriage is considered a forced marriage.
A person may be pressured or forced into a marriage with various coercive circumstances such as blackmail, threats, violence, or exploitation based on their vulnerable status as a minor, dependence on the community, or disability. Refusing a forced marriage can result in severe consequences such as abandonment by the family or community, experiencing honour-based abuse, or even facing the threat of death.
It's important to note that forced marriages are not always solely driven by pressure from the family or cultural factors. In certain situations, individuals may be compelled to marry a third-country citizen to secure a residence permit for that person.
Spanish Legislation Related to Forced Marriage
In Spain, forced marriage is considered a human rights violation and is classified as a crime under the Penal Code. Specifically, the crime of forced marriage is addressed as an offense against freedom in Article 172 bis.1 of the Penal Code, which penalizes anyone who, “through serious intimidation or violence, compels another person to enter into marriage.” Such acts are punishable by a prison sentence of six months to three years and six months or by a fine of twelve to twenty-four months, depending on the severity of the coercion or methods used. The legal age for marriage in Spain is 18 years. Any marriage conducted without the consent of at least one of the parties is considered null and void.
Professionals working with minors and women who are victims of gender-based violence have the responsibility to report these crimes and to provide support and protection to the victims.
Female genital mutilation (FGM) is a practice that violates the fundamental rights of women and girls. In Spain, FGM is prohibited and is considered a crime against a person's physical and moral integrity. According to Article 149 of the Spanish Penal Code, anyone who performs FGM can face a prison sentence of six to twelve years. If the victim is a minor or has a disability that requires special protection, the judge may order the removal of parental authority, guardianship, conservatorship, custody, or foster care for a period of four to ten years. FGM was classified as a criminal offense under Organic Law 11/2003, published in the Official State Gazette on September 30, 2003. Additionally, Organic Law 3/2005 of July 8 amended the Penal Code to enable the prosecution of individuals residing in Spain who travel abroad specifically to perform FGM.
Virginity tests are considered a serious violation of human rights in Spain. These tests are unscientific and do not provide reliable information regarding a person's virginity. The practice of conducting such tests is prohibited and penalized by law.
Non-medical male circumcision is considered a practice that infringes upon children’s right to physical integrity. In Spain, non-medical circumcision can only be performed for medical reasons and with the informed consent of the parents. Circumcision without consent, especially for religious or cultural reasons, is prohibited.
Recognising and addressing honour-based, spiritual or religious violence is crucial to safeguarding individuals' rights, fostering religious freedom, and promoting harmonious coexistence among diverse communities. It requires a comprehensive approach involving raising awareness, supporting survivors, engaging communities, and implementing legal measures to ensure accountability and protection. Challenging and changing the underlying beliefs, attitudes, and social structures perpetuating this form of violence is crucial.
By promoting gender equality, empowering individuals to make choices about their lives, and fostering inclusive and respectful societies, we can work towards eradicating honour-based violence and creating a world where every person can live free from fear and violence, irrespective of cultural or traditional norms.
