Fed: Judge warns of difficulties in honour killing cases

AAP General News (Australia)
04-16-2010
Fed: Judge warns of difficulties in honour killing cases

SYDNEY, April 15 AAP - 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."

AAP ih/ash

KEYWORD: SPIGELMAN

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