Law & FGM

Several countries with a high prevalence of FGM, as well as low-prevalence countries with important populations originating from countries where FGM is practiced, have passed national anti-FGM laws.

The first national law worldwide was passed in Guinea Conakry in 1965.

In 2020, a consortium of two regional networks, the End FGM EU Network and the US End FGM/C Network, together with the NGO Equality Now (Kenya), published a global report on FGM in which they found that 92 countries are known to practice FGM and that only 55% of them (51 countries) have specifically prohibited FGM under their national laws, either through a specific anti-FGM law or by prohibiting FGM under a criminal provision in other domestic laws such as the criminal or penal code, child protection laws, violence against women laws or domestic violence laws. The organisations called for a recognition of the practice as an international issue requiring a global response. (End FGM EU Network, US End FGM/C Network, Equality Now, 2020) 

According to the same report, laws against FGM are most common on the African continent followed by continents where FGM is practiced by diaspora communities, such as Europe, Noth America, Oceania. However, in Asia legal frameworks against FGM are more rare. In the Middle East, Iraq (Kurdistan) and Oman have specific laws or legal provisions banning FGM. 

Most other Asian countries have not enacted a specific legal prohibition against the practice but according to the Global Platform for Action to End FGM/C and their 2020 Global Report on FGM/C, things are starting to change as several countries have enacted laws in recent years.  (End FGM EU Network, US End FGM/C Network, Equality Now, 2020 ; Global Coalition to End FGM/C, 2020 ) 

There are no specific laws or legal provisions against FGM in Latin America. (End FGM European Network et al. 2020)

The 2020 Policy brief by the UNFPA and UNICEF, looks at the legal framework in the 31 countries where national prevalence data is available for FGM. Out of these, 22 per cent do not have a law criminalizing the practice. That means that 78 per cent of affected countries (with available data) do prohibit or criminalize FGM. According to the UN agency, “legislating specifically on female genital mutilation appears to be a signal of strong political will”. Those laws that are effective generally combine  superior law such as the constitution with amendments to the penal/criminal code on FGM, harmful practices or gender-based violence. Nevertheless, some countries prohibit FGM in the constitution (Somalia) or through federal laws (Nigeria), but these frameworks are not sufficiently implemented at regional levels. (UNFPA, 2020)

Figure courtesy of: UNFPA and UNICEF, September 2020, Policy Brief: Enabling Environments for Eliminating Female Genital Mutilation

Figure courtesy of: End FGM EU Network, US End FGM/C Network, Equality Now, 2020, FEMALE GENITAL MUTILATION/CUTTING: A CALL FOR A GLOBAL RESPONSE