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.
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.
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.
Finnish legislation related to forced marriage
In Finland, forced marriage has been criminalised as a form of human trafficking, aggravated human trafficking or coercion. Its separate criminalisation, i.e. passing separate legislation on forced marriage, is currently under review.
In Finland, a person is eligible to marry after turning 18. A marriage in Finland will not be considered legally valid if it goes against Finland's public policy. For example, this includes marriages where one party is clearly a minor and a significant age difference exists between the spouses.
Finnish law is applied to everyone staying in Finland
In some cases, asylum seekers originate from countries wherechild marriageis prevalent. Even if the parties are married to each other, if one spouse is underage and married to a significantly older person, the conditions of a sexual offence can be met.
Professionals who work with asylum seekers have a responsibility to report such offences and file a child welfare notification if the following conditions are present: one of the spouses is married to someone significantly older, the underage spouse is below the age of 16, and there is evidence of sexual activity within the relationship (e.g., the couple has children or the girl is pregnant).
Such circumstances may constitute a case of a sexual offence according to Finland's Criminal Code. It is crucial to address this issue with the couple and inform them that engaging in sexual activity with a person under the age of 16 is illegal in Finland.
It is a harmful, even life-threatening, practice of mutilating, cutting and sewing up the genitals for no medical reason. Different beliefs are behind it, e.g., those related to femininity, hygiene, chastity, honour, and social cohesion. No religion calls for the genital mutilation of girls and women, although it is often done in the name of religion.
Mutilation is a punishable crime in Finland
International human rights regulations established in Finland prohibit such measures related to religion that endanger health. According to Chapter 21 of the Criminal Code, female genital mutilation is punishable as either assault or gross assault. Mutilation is a punishable crime even when carried out outside Finland's borders if its target is a Finn or a person permanently resident in Finland.
Mutilation has consequences for physical and mental health, and depending on its extent, it can cause various acute and long-term pain conditions, inflammation, bleeding, urination and defecation problems. Extreme pain from the consequences of FGM and being forced to undergo the procedure usually causes trauma.
A mutilated person can undergo opening or repair surgery to restore the genitals to their normal anatomy. The doctor first assesses the patient; possibly, after this, the patient can be referred for corrective surgery. Surgery in Finland is currently only possible at HUS Töölö Hospital.
A virginity test, also known as “a two-finger test”, “hymen examination”, and “per vaginal examination”, is a gynaecological test done on females to determine if they are virgins. Due to the natural differences or lack of hymen, this test is unscientific, and its use is morally and ethically questionable. Testing does not tell anything about virginity or sexual history, yet it is still practised in many countries. There might be pressure to prove virginity in communities which require virginity before marriage and even a life-threatening risk if failed to do so.
Virginity testing is considered a serious violation of human rights. It's against international human rights agreements, such as the UN Universal Declaration of Human Rights and the Cedaw Agreement on women's rights (Convention on the Elimination of All Forms of Discrimination Against Women).
Non-medical male circumcision in Finland
In 2015, the Ministry of Social Affairs and Health (Finland) issued an instruction regarding male circumcisions. According to the ministry, non-medical circumcision is a measure that interferes with a boy child's right to physical integrity. The guideline states that no international agreement unequivocally prohibits non-medical circumcision of boys.
According to the instructions, the procedure is not part of public healthcare. The procedure can only be performed under sterile and otherwise appropriate conditions; it can only be performed by a doctor, and written informed consent is required from both parents. The procedure cannot be performed if the other guardian objects to it.
The boy must be consulted and given sufficient information about circumcision and its effects as required by his age and level of development, and he has the right to refuse the procedure. Circumcision may not be performed against the boy's expressed will if, based on his age and level of development, he can understand the meaning of circumcision.
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.