In several countries, but not all, FGM is illegal independently on whether a girl or woman consents to it. Members agreed that issues of consent and women's autonomy over their bodies is a hotly contested legal debate; with communities and pro-FGM activists citing that women have the right to consent to cultural obligations affecting them. … Lire la suite Can adult women consent to FGM?
Members stressed that although women and girls sometimes ask to be cut, in order to be respected in their society, a few countries include a provision rendering derogative language against uncut girls/women illegal. This is the case in Kenya. Howver, despite this provision there has not yet been any reported or prosecuted case, possibly due … Lire la suite Prohibition of derogative language
Maryam Sheikh (Somalia/Kenya) : raised the dilemma that parents face when wanting to save daughters from the cut while still wating them to « belong ». Moreover, girls themselves may ask to undergo FGM in order to be like the other girls in their community. Maryam Sheikh testified of her personal experience: « I saw it with my own sister, … Lire la suite Wanting your daughter « to belong », despite FGM being illegal
Cross-border FGM is an issue in Burkina Faso, where families travel to Mali, which currently doesn’t have an anti-FGM law, to perform the practice. It is also an issue in Kenya and The Gambia. As seen in the Thematic note, several countries do not criminalize FGM performed in another country. This is the case for … Lire la suite Cross-border FGM
One member questioned the interest of the debating the use of anti-FGM legislation. She considered that any arguments against anti-FGM legislation may be used against any existing laws aimed at child protection and human rights in general : « There are very few places in this world where a law is being implemented and respected just because it … Lire la suite Questioning of the interest of debating anti-FGM law
Members stressed the importance of people being involved in the élaboration and implementation of laws. Drafting laws through a consultative and participatory process facilitates and enhances the effectiveness of law enforcement. Kenyan context : « Implementation of the Prohibition of FGM Act, 2011 is hampered by the fact that communities practicing FGM totally disregard the law and/or … Lire la suite Communities ignore, oppose or disregard the law
The issue of under-reporting of FGM as well as lack of prosecutions in many contexts, such as Kenya, Somalia, Iraq, were discussed. In the Kenyan context : « Implementation of the Act has also been hampered by the quality of prosecution of FGM cases since the enacted of the law. There has been under-reporting of FGM … Lire la suite Issues around (under-)reporting and (lack of) Prosecution
As stated in the thematic note, governments have signed international treaties that oblige them to take measures against FGM. Laws were thought to be important to hold governments accountable to their obligations and duties takes under international law. The Maputo protocol (The Protocol to the African Charter on Human and Peoples Rights on the Rights … Lire la suite States legal obligations under international treaties
Many members agreed that while it is important to have a legal framework to combat FGM, to hold perpetrators accountable and provide remedies to victims is important. However, there was also general agreement that laws alone are not enough to bring significant decrease in the prevalence, which has been seen in the case of most … Lire la suite Can social change be legislated ?
Les gouvernements du Sénégal et de la Gambie, en partenariat avec l'ONG Safe Hands for Girls, ont convoqué le premier Sommet africain sur les mutilations génitales féminines (MGF) et le mariage d'enfants (MEPF) du 16 au 18 juin 2019 à Dakar, au Sénégal. Le sommet, dont le thème était «Renforcer le pont entre l'Afrique et … Lire la suite SOMMET AFRICAIN SUR LES MUTILATIONS GENITALES FEMININES ET LES MARIAGES D’ENFANTS