A/74/148
of undergoing female genital mutilation every year. In some countries, the prevalence
rates are at over 80 per cent. 43
40. Female genital mutilation causes severe and prolonged suffering and its
purposes are generally of discriminatory character, given that it is inflicted with a
view to enforcing patriarchal standards of female chastity through the elimination of
sexual pleasure and, indeed, the perpetuation of suffering. 44 It is generally inflicted
on girls who are, in the circumstances, powerless to resist or escape such abuse.
Female genital mutilation has been consistently regarded as torture or ill-treatment
by the Special Rapporteur (A/HRC/7/3, paras. 50–53; A/HRC/31/57, para. 61–62)
and, for the purposes of refugee law, as persecution. 45
41. In the view of the Special Rapporteur, given that female genital mutilation
involves the intentional and purposeful or discriminatory infliction of severe pain or
suffering on powerless persons, the practice amounts to torture or, in the absence of
one or more of those constitutive elements, to other cruel, inhuman or degrading
treatment or punishment.
H.
“Honour” crimes
42. “Honour” crimes are crimes perpetrated by family members predominantly on
women or girls deemed to have defiled the honour of the family, in a purported
attempt to redeem such familial honour. Every year, such crimes expose countless
women to severe suffering and serious injury and result in thousands of “honour”
killings across the world. 46 As the Special Rapporteur on violence against women has
stated in that context: “Honour is defined in terms of women’s assigned sexual and
familial roles as dictated by traditional family ideology. Thus adultery, premarital
relationships (which may or may not include sexual relations), rape and falling in love
with an ‘inappropriate’ person may constitute violations of family honour”
(E/CN.4/1999/68, para. 18). Furthermore, LGBTI persons can also become victims
of such violence, including “honour” killings, carried out against them because they
are seen to have brought shame on their family, often for transgressing gender norms
or societal expectations in respect of sexuality and behaviour ( A/HRC/19/41,
para. 25). The purported intent of “honour” crimes is to redeem personal or family
honour by taking action against the alleged culprit, which invariably involves
elements of punishment, coercion or intimidation and, in general, aims to enforce a
deeply discriminatory social order.
43. In the view of the Special Rapporteur, the intentional and purposeful or
discriminatory infliction of severe pain or suffering on a powerless person with the
purported aim of redeeming personal or familial honour amounts to torture or, in the
absence of one or more of those constitutive elements, to other cruel, inhuman or
degrading treatment or punishment.
I.
Trafficking of family members
44. Human trafficking involves the recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or use of force or other forms of coercion,
__________________
43
44
45
46
14/23
UNICEF, “Female genital mutilation/cutting: a global concern” (New York, 2016); and UNICEF,
Female Genital Mutilation/Cutting: A statistical overview and exploration of t he dynamics of
change (New York, 2013).
Eliminating Female Genital Mutilation, pp. 5–7.
Office of the United Nations High Commissioner for Refugees, Guidance Note on Refugee
Claims relating to Female Genital Mutilation (May 2009).
http://hbv-awareness.com/statistics-data/.
19-11892
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