Seite 110 [110]
OCR
HANS-JÖRG ALBRECHT Rapporteur insisted — would dwarf seriousness of such practices!” and moving them closer to male circumcision, a phenomenon evidently not raising necessarily human rights issues." Stripping the issue of “harmful traditional practices" of its cultural dimensions and framing it exclusively as a form of violence against women and a violation of their human rights’? are futile attempts to escape problems coming with cultural and religious diversity." Supposing that harmful traditional practice “needs to be understood not as a “cultural” or “religious” problem that afflicts particular immigrant communities ... but as a specific manifestation of the larger problem of violence against women which concerns all communities, whether immigrant or not” will not neutralize the politically mobilizing effect carried by various types of honor related violence. Also, Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime (17) speaks about “harmful practices, such as forced marriages, female genital mutilation and so-called ‘honor crimes” which result in women victims of gender-based violence requiring special support and protection because of the high risk of intimidation and retaliation”. However, the opinion that certain cultural norms and beliefs are in fact the causal factors for harmful practices resulting in violence against women evidently prevails.” Invoking criminal law-based control in this field — whether prohibiting or exempting, mitigating or aggravating — comes with significant problems as criminal law must navigate challenges of fundamental rights like freedom of expression, freedom of religion, (gender) equality as well as “respect for equal dignity and pluralism” considered the very foundation of pluralistic and democratic societies.” Criminal law and criminal policy in this field are also confronted with different interest groups and coalitions lobbying for or opposing criminalization StGB: Wirkungen und Nebenwirkungen, Zeitschrift fiir Internationale Strafrechtsdogmatik 9 (2014), 320-339, 324. Ninth report and final report on the situation regarding the elimination of traditional practices affecting the health of women and the girl child, prepared by Ms. Halima Embarek Warzazi, Economic and Social Council, E/CN.4/Sub.2/2005/36, 11 July 2005, 10. 18 For the complete history of precursor vocabulary of "mutilation" see Armelle Andro — Marie Lesclingand, Les Mutilations Génitales Féminines. Etat des Lieux et des Connaissances, Population 71 (2016), 224-311. % GREVIO, Baseline Evaluation Report Italy, Strasbourg, Council of Europe, 2020, 63. 20 Mathilde Sengoelge, Guide de l’Union européenne sur les Mariages forcés/précoces (MFP): Dispositifs d’orientation pour les professionnel/les de premiere ligne, Brussels, Centre Hubertine Auclert, 2016, 4. Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo. Human Rights Council, United Nations A/HRC/20/16, 23 May 2012, 19. European Court of Human Rights, Erbakan v. Turkey, Judgment of 6 July 2006, § 56. 21 22 «108 +
