Termination of Parental Rights

If, after a hearing, the court finds by clear and convincing evidence that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent intent and desire to carry out an “honour” crime or killing on a child, it may terminate parental rights. Upon the termination of parental rights all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceeding concerning the child.

Child Protection Advisory Body

• Legislation should mandate the formation of a child protection advisory board consisting of experts in the field who will be able to identify problems with implementation of the law and areas in which more research is needed.

• Legislation should require that the advisory board be charged with the duty of researching customary laws, community practices, and attitudes so that evolving practices may be noted and amendments to the law may be drafted as needed.

Data Collection on Emergency Orders for Protection

• Legislation should require data collection on specific aspects of the implementation of the new law, such as number of emergency orders for protection sought, granted, denied, cancelled, or appealed. 

• Legislation should require that the data be able to disaggregated by the type of order for protection sought so as to be able to identify an order for protection on the basis of “honour” crimes and killings, as well as the general identity of the petitioner (the individual at risk, family member, or other aware individual).

• Legislation should require that this data be kept and made available publicly.

• Legislation should require qualitative data about the effectiveness of orders for protection to be gathered on a regular basis from police, courts, child protection agencies, counseling centers, shelters, schools, and from survivors.

• Legislation should require that this data be compiled by the relevant government ministry and be published on an annual basis.