WHO stated that violence against women takes several forms ; (5) Female Genital Mutilation

1. Introduction

Female Genital Mutilation (FGM), as identified by the World Health Organization (WHO), is a harmful practice that involves the partial or total removal of external female genitalia or other injury to the female genital organs for non-medical reasons. WHO emphasizes that FGM is internationally recognized as a violation of the human rights of girls and women, constituting an extreme form of gender-based violence with profound health, psychological, and social consequences (WHO, 2022).

2. Definition and Classification (WHO, 2008)

WHO classifies FGM into four major types:

  • Type I (Clitoridectomy): Partial or total removal of the clitoris.

  • Type II (Excision): Removal of the clitoris and the labia minora, with or without excision of the labia majora.

  • Type III (Infibulation): Narrowing of the vaginal opening by cutting and repositioning the labia.

  • Type IV: All other harmful procedures to the female genitalia for non-medical purposes (e.g., pricking, piercing, scraping).

These procedures are mostly carried out on young girls between infancy and age 15.

3. FGM as Gender-Based Violence

The UN Declaration on the Elimination of Violence against Women (1993) recognizes FGM as a form of violence. WHO, along with UNFPA and UNICEF, emphasizes that FGM is not only a health issue but a manifestation of entrenched gender inequality, cultural traditions, and social norms aimed at controlling women’s sexuality.

4. Legal and Cultural Contexts by Country

Mauritius

  • Legal Status: FGM is not widely practiced in Mauritius. However, under the Criminal Code, acts of physical harm including genital mutilation could be prosecuted under general provisions related to bodily harm.

  • Policy Position: The Ministry of Gender Equality aligns with international conventions and strongly condemns gender-based violence (Republic of Mauritius, 2023).

United Kingdom

  • Legal Framework: The Female Genital Mutilation Act 2003 criminalizes FGM in England, Wales, and Northern Ireland, with the Prohibition of Female Genital Mutilation (Scotland) Act 2005 covering Scotland.

  • Penalties: Up to 14 years’ imprisonment.

  • Cultural Context: FGM is practiced in some migrant communities, particularly from parts of Africa. The UK has a mandatory reporting duty for professionals (Home Office, 2021).

United States

  • Federal and State Laws: The STOP FGM Act of 2020 criminalizes FGM nationwide. Over 40 states also have specific anti-FGM laws.

  • Cultural Issues: Affected communities include some African, Middle Eastern, and Southeast Asian immigrants.

  • Enforcement: The first federal conviction for FGM occurred in 2021 (Department of Justice, 2021).

India

  • Prevalence: FGM is practiced among Dawoodi Bohra Muslims, particularly in Maharashtra, Gujarat, Rajasthan, and Kerala.

  • Legal Status: No specific law bans FGM; however, activists argue it violates several constitutional provisions (Article 21 – Right to Life and Personal Liberty).

  • Advocacy: Organizations like Sahiyo and survivors’ groups are pushing for legislation and public awareness (Sahiyo, 2020).

South Africa

  • Legal Protection: South Africa’s Children’s Act (2005) explicitly prohibits FGM.

  • Cultural Prevalence: FGM is not widespread in indigenous communities but may occur among migrants from neighboring countries.

  • National Response: South Africa supports international treaties such as CEDAW and the Maputo Protocol, which condemn FGM.

Palestine

  • Data Scarcity: Limited empirical data; anecdotal reports suggest that FGM may occur in some rural communities, influenced by conservative customs.

  • Policy Position: Palestinian laws do not specifically prohibit FGM, and efforts to regulate the practice are constrained by political instability and weak enforcement mechanisms.

  • Advocacy: NGOs such as Women’s Centre for Legal Aid and Counselling (WCLAC) work to address broader forms of gender-based violence, including FGM.

5. Health and Psychological Consequences

According to WHO (2022), FGM has no health benefits and results in:

  • Immediate complications: Severe pain, hemorrhage, infections, urinary problems, and shock.

  • Long-term consequences: Chronic pain, cysts, infertility, childbirth complications, and increased newborn deaths.

  • Mental health impact: PTSD, anxiety, depression, and sexual dysfunction.

6. Global Initiatives and Human Rights Instruments

FGM is condemned under several international instruments:

  • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

  • UN Convention on the Rights of the Child (CRC)

  • African Charter on Human and Peoples’ Rights (Maputo Protocol)

  • Sustainable Development Goal 5.3: Eliminate all harmful practices, including FGM, by 2030.

UNICEF and UNFPA lead the Joint Programme on the Elimination of FGM, which works with over 17 African countries.

7. Conclusion

FGM is a deeply entrenched practice rooted in patriarchal values, social conformity, and misinformation. While its prevalence varies globally, it persists as a global human rights challenge, requiring multi-sectoral approaches—legal enforcement, community education, survivor support, and international cooperation.

8. References