Female genital mutilation laws by country explained

The legal status of female genital mutilation (FGM), also known as female genital cutting (FGC), differs widely across the world.

Overview of issues

Geographic perspective

In international law, there is a consensus that female genital mutilation is a human rights violation that needs to be criminalised and eradicated by all states. International human rights instruments to that effect include global and regional treaties, conventions, protocols, declarations, resolutions and recommendations such as CEDAW Committee General Recommendation No. 14 (1990), Maputo Protocol Article 5 (2003), the Cairo Declaration on the Elimination of FGM (CDEFGM, 2003), Istanbul Convention Article 38 (2011), Sustainable Development Goal 5.3 (2015), the East African Community Prohibition of Female Genital Mutilation Act (EAC Act, 2016) and United Nations Human Rights Council Resolution No. 38/61 (2018).

Global efforts to end FGM, including criminalisation, have long focused on Africa, where most countries that have traditionally practiced FGM are located and anti-FGM campaigns have been quite successful in the 1990s through 2010s, but have long under-appreciated traditionally FGM-practicing countries in Asia and immigrant communities in countries with no FGM tradition.[1] [2] A March 2020 report by End FGM European Network, U.S. End FGM/C Network and Equality Now found that FGM was practiced in at least 92 countries across all continents,[3] while 51 of them had a law that specifically criminalised FGM.[4]

FGM was illegal in 22 of the 28 most FGM-prevalent countries in Africa in September 2018.[5] Sudan criminalised FGM in April 2020.

Some Western countries, where FGM has not been traditionally practiced but where immigrants from traditionally FGM-practicing countries have moved to in the 20th and 21st century, have also criminalised FGM (13 countries as of November 2008).[6] By 2013, FGM had been criminalised in all 27 member states of the European Union (including the United Kingdom) and Croatia.[7]

Despite international reports to the contrary,[6] [7] [4] female genital mutilation has been explicitly criminalised in the Netherlands since 1 February 2006, namely in the then Articles 5.3 and 5a.1 of the Dutch Criminal Code (Wetboek van Strafrecht),[8] and the statute of limitations was increased on 1 July 2009 by not starting until the day after the FGM victim's 18th birthday.[9] As of 25 July 2020, genital mutilation of female persons under age 18 is punishable in the Netherlands, including when committed abroad by Dutch citizens, foreigners who later obtain Dutch citizenship or foreigners with a regular place of residence or stay in the Netherlands, as a form of (aggravated) assault (potentially premeditated) under Articles 300 to 303 per Article 7.d and Article 71.3 of the Dutch Criminal Code. The maximum punishment is 12 years imprisonment (or 15 years if the victim dies). The penalty can be increased by a third if the perpetrator(s) were (a) family member(s) or the life companion of the victim (Article 304.1) or if the victim was underage (Article 304.2).

In the United States, FGM was criminalised federally in 1996 and in 17/50 states during 1994–2006.[6] However, the federal law criminalising FGM was declared unconstitutional by a Michigan court in November 2018, mostly because the judge found that the federal government did not have the authority to legislate on the issue, and that the U.S. states should.[10] At the time of the ruling, 27 states had specifically criminalised FGM,[10] and the court case stimulated the other states to do so as well, both during[10] and after the trial.[11] By March 2020, the practice was illegal in 35/50 states;[3] by May 2020, FGM was banned in 38/50 U.S. states.[12] On 5 January 2021, the STOP FGM Act of 2020 was enacted, which considers FGM 'a form of child abuse, gender discrimination, and violence', empowering federal authorities to prosecute people who 'carry out or conspire to carry out FGM' and increasing the maximum prison sentence from 5 to 10 years. This replaced the 1996 law that was declared unconstitutional in 2018. At the time of signing, 11 out of the 50 U.S. states still had no state ban on FGM.[13] By August 2023, 41 states had specific laws against FGM.[14]

Legal methods

The way in which legislation (and usually criminalisation) of FGM is enacted, differs from country to country. Some countries' constitutions ban FGM, others have adopted specific laws criminalising FGM, others have subsumed prohibitions on FGM in wider criminal legislation on either child protection, violence against women, sexual violence, or physical assault.[5] [7] In EU member states, there is a trend to criminalise FGM in specific rather than general criminal law provisions; by 2013, 10 states of 28 (including Croatia and the UK) had done so.[7] By March 2020, Estonia, Germany, Malta and Portugal had also introduced explicit provisions criminalising FGM, so that 14 out of the current 27 EU Member States have specific anti-FGM legislation.[4]

Indian Minister for Women and Child Development Maneka Gandhi said in 2017 that the 1860 Indian Penal Code, the 1973 Criminal Procedure Code and the 2012 Protection of Children from Sexual Offences Act (POCSO Act) could be invoked to prosecute FGM cases and that a specific law to criminalise FGM was not necessary.[15]

Cross-border FGM and extraterritoriality

Sometimes FGM is performed across the border in a country where it is still legal in order to avoid prosecution in one's country of residence (for example, in Mali by Burkina Faso residents or in Somalia by Kenya residents).[5] As of September 2018, Guinea Bissau, Kenya and Uganda were the only countries in Africa that criminalised and punished cross-border FGM.[5] In the European Union, legislators have applied the legal principle of extraterritoriality to prosecute the practice of FGM when it is committed outside of a member state's territory to girls living in the EU who had been cut or are at risk of being cut in their or their parents' country of birth while on holidays or visits abroad.[7]

Laws by country

CountryCriminalisedSince! class="unsortable"Notes
Criminalised in 6/8 states during 1994–7 as of November 2008.
Specific criminal law provision.
As of March 2020.
2000 Specific criminal law provision.
2003 Specific national anti-FGM law which prohibits FGM.
As of March 2020.
General criminal law provision.
1996 Specific criminal law provision.
As of September 2018.
1997 Specific criminal law provision.
1966 As of September 2018.
A 2002 bill banning FGM hasn't yet been enacted as of March 2020.
Some native tribes (Emberá, Arhuaco, Koguis) are known to practice FGM, but there is no law against it[16] as of March 2020.
1998 As of September 2018.
Specific criminal law provision.
2003 Specific criminal law provision.
General criminal law provision.
2003 Specific criminal law provision.
1994 As of September 2018.
Specific criminal law provision.
2008 As of September 2018.
2007 Specific national anti-FGM law which prohibits FGM.
Specific criminal law provision.
2004 As of September 2018.
General criminal law provision.
General criminal law provision, has been used successfully to prosecute FGM cases.
2015[17] Specific criminal law provision.
Specific criminal law provision.
Specific criminal law provision.
1994 Specific criminal law provision.
General criminal law provision.
1965 New law enacted in 2000. Specific criminal law provision.
Specific national anti-FGM law which prohibits FGM. Cross-border FGM also criminalised.
General criminal law provision.
2005[18] General Penal Code Article 218 a. Punishment up to 6 years imprisonment, up to 16 years in aggravated cases.[19]
1860 Supposedly criminalised, but not specifically mentioned, by 1860 Indian Penal Code, 1973 Criminal Procedure Code and 2012 POCSO Act.
2024 Criminalised in 2006,[20] medicalised in 2010, then recriminalised in 2014 but without punishments.[21] Further ban enacted in 2024.[22] [23]
Criminalised by the Islamic Penal Code of 2013.[24] [25] Article 663 explicitly mentions the following: "Mutilating or injuring either side of a woman's genitals shall carry the Diya penalty equal to half of the full Diya. Mutilating or injuring parts of the genitals shall have a proportionate penalty based on the level of injury." Additionally, Article 269 of the Islamic Penal Code of 1991[26] criminalises "intentional mutilation or amputation" without explicitly mentioning FGM.
Specific criminal law provision (in the Kurdistan Region).
2012 Specific criminal law provision: the Criminal Justice (Female Genital Mutilation) Act 2012.[27]
As of March 2020.
2005 Specific national anti-FGM law which prohibits FGM.
As of March 2020.
2001 Specific national anti-FGM law which prohibits FGM. Cross-border FGM also criminalised.
As of March 2020.
General criminal law provision.
(2018–9) As of September 2018. President Ellen Johnson Sirleaf banned FGM for one year which expired on 22 January 2019.[28]
As of March 2020.
General criminal law provision.
General criminal law provision.
As of March 2020.
As of March 2020.
As of March 2020.
As of March 2020.
Specific criminal law provision.
2005 As of September 2018.
[29] Specific criminal law provision [30]
2006 Specific criminal law provision including cross-border FGM: Articles 7.d and 71.3 combined with Articles 300–303 (additional penalties in Article 304).
1995 Specific criminal law provision.
2003 As of September 2018.
Specific criminal law provision that does not apply in all states of Nigeria.
1995 Specific criminal law provision.
Specific criminal law provision.
As of March 2020.
As of March 2020.
General criminal law provision.
Specific criminal law provision.
As of March 2020.
General criminal law provision.
[31] General criminal law provision[32]
As of March 2020.
1999 Specific criminal law provision.
[33] Specific criminal law provision
Initiation rite-related FGM was criminalised in 2019,[34] but there is no national law banning all FGM.[35]
As of March 2020.
General criminal law provision.
General criminal law provision.
PartlyThe Constitution prohibits FGM, but there are no laws and no known prosecutions of FGM.
[36] (state of Somalia) As of September 2018.
2003 Specific criminal law provision.
Specific criminal law provision.
2003 Specific criminal law provision.
As of March 2020.
2020 Criminalised in April 2020 by amending the Criminal Code. Punishable by a fine and 3 years imprisonment.[37] [38]
Already restricted or banned in 6/18 states between 2008 and 2020. Reinfibulation apparently still legal.[39]
1982 New law enacted in 1998. Specific national anti-FGM law which prohibits FGM.
Specific criminal law provision.
As of March 2020.
1998 Specific criminal law provision.
As of March 2020.
1998 Specific criminal law provision.
Specific national anti-FGM law which prohibits FGM. Cross-border FGM also criminalised.
As of March 2020. Prohibited by the ministry of health in state hospitals and clinics.[40]
1985 Specific national anti-FGM law which prohibits FGM.
96–18,
2021 		Criminalised federally in 1996, but federal law declared "unconstitutional" in 2018. New federal law passed in 2021.
Specifically criminalised in 41/50 states as of August 2023.
As of March 2020.
Specific criminal law provision.
Specific criminal law provision.

See also

External links

Notes and References

  1. News: In parts of Asia and Middle East, female genital mutilation a hidden ritual . Batha . Emma . Reuters . 30 January 2017 . 4 August 2018.
  2. Web site: No "African problem" . Piecha, Oliver M. . Stop FGM Middle East . 1 December 2013 . 5 August 2018.
  3. News: True numbers of FGM victims could be far higher as countries fail to record cases . Liz Ford . The Guardian . 17 March 2020 . 3 May 2020.
  4. Web site: Female genital mutilation/cutting: a call for a global response . End FGM European Network, U.S. End FGM/C Network and Equality Now . March 2020 . 4 May 2020.
  5. Web site: The law and FGM. An overview of 28 African countries . 28 Too Many . September 2018 . 2 May 2020 . 22 . 30 June 2020 . https://web.archive.org/web/20200630164830/https://www.28toomany.org/static/media/uploads/Law%20Reports/the_law_and_fgm_v1_(september_2018).pdf . dead .
  6. Web site: Female Genital Mutilation (FGM): Legal Prohibitions Worldwide . . 12 November 2008 . 2 May 2020.
  7. Web site: Female genital mutilation in the European Union and Croatia . European Institute for Gender Equality . 2013 . 3 May 2020. (pdf)
  8. Web site: Wetboek van Strafrecht (Geldend van 01-02-2006 t/m 31-03-2006) . wetten.overheid.nl . Government of the Netherlands . 1 February 2006 . 20 February 2021 . nl.
  9. Web site: Wetboek van Strafrecht (01-07-2009 t/m 31-12-2009) . wetten.overheid.nl . Government of the Netherlands . 1 July 2009 . 20 February 2021 . nl.
  10. News: Judge rules that federal law banning female genital mutilation is unconstitutional . Samantha Schmidt . The Washington Post . 22 November 2018 . 6 May 2020.
  11. News: Seven American states have criminalised FGM this year . The Economist . 30 May 2019 . 6 May 2020.
  12. Web site: FGM Legislation by State . 27 March 2018 . . 6 May 2020.
  13. News: U.S. toughens ban on 'abhorrent' female genital mutilation . Emma Batha . Reuters . 7 January 2021 . 18 February 2021.
  14. Web site: FGM Legislation by State - AHA Foundation . 27 March 2018 .
  15. Web site: IPC, POCSO enough to deal with female genital mutilation: Govt. PTI. Feeds. 4 August 2017. India.com . 5 May 2020.
  16. News: FGM in Latin America: Colombia's Embera tribe . Aljazeera . 7 October 2017 . 5 May 2020 . 6 May 2020 . https://web.archive.org/web/20200506010846/https://www.aljazeera.com/programmes/aljazeeracorrespondent/2017/09/fgm-latin-america-colombia-embera-tribe-170919053458243.html . dead .
  17. Web site: The Gambia bans female genital mutilation . 24 November 2015 . . https://web.archive.org/web/20230528120656/https://www.theguardian.com/society/2015/nov/24/the-gambia-bans-female-genital-mutilation . 28 May 2023 . live .
  18. News: Iceland law to outlaw male circumcision sparks row over religious freedom . Harriet Sherwood . The Guardian . 18 February 2018 . 4 May 2020.
  19. Web site: General Penal Code, Nr. 19/1940. www.government.is. 4 May 2020. en.
  20. http://www.irinnews.org/report.aspx?ReportId=90366 "INDONESIA: Female genital mutilation persists despite ban"
  21. Web site: Indonesia Seeks End to Female Genital Mutilation. 26 September 2016.
  22. Web site: Okezone . 2024-07-31 . Pemerintah Resmi Hapus Praktik Sunat Perempuan di Indonesia, Ini Alasannya! : Okezone health . 2024-08-07 . health.okezone.com/ . id-ID.
  23. Web site: Arjanto . Dwi . 2024-08-06 . Begini Ketentuan Larangan Sunat Perempuan dalam PP Nomor 28 Tahun 2024 . 2024-08-07 . Tempo . en.
  24. News: 2013-05-31. قانون مجازات اسلامی مصوب ۱۳۹۲ (کتاب اول تا چهارم). 2020-11-26. پایگاه خبری اختبار. fa-IR . هوشیار . سیاوش .
  25. Web site: Islamic Penal Code of 2013. dead. https://web.archive.org/web/20210224203355/https://rc.majlis.ir/fa/law/show/845048. 24 February 2021. Official Website of the Iranian Parliament (Majlis).
  26. Web site: قانون مجازات اسلامی ایران/کتاب ۳ - قصاص - ویکی‌نبشته. 2020-11-26. fa.wikisource.org.
  27. Web site: Criminal Justice (Female Genital Mutilation) Act 2012 . . . 2 April 2012 . 11 June 2020.
  28. Web site: FGM Becomes Legal Again in Liberia as Ban Expires. Global Citizen. 30 January 2019.
  29. https://legislationline.org/sites/default/files/documents/ae/Montenegro_CC_am2018_en.pdf Article 151a of the Penal Code of Montenegro
  30. https://legislationline.org/sites/default/files/documents/ae/Montenegro_CC_am2018_en.pdf Article 151a of Article 151a of the Penal Code of Montenegro
  31. Serebrennikova . Anna . Criminalization of female circumcision: raising of problem . Gaps in Russian Legislation . 2016 . 8 . Publishing house "Yur-VAK" . 153–155 . 10.33693/2072-3164 . 244738313 .
  32. Book: Siradzhudinova . Saida . Antonova . Yulia . Female Genital Mutilation of Girls in Dagestan (Russian Federation) . 2016 . Russian Justice Initiative . Rostov-on-Don . 47–51 .
  33. https://www.mpravde.gov.rs/files/Criminal%20%20%20Code_2019.pdf Article 121a of the Serbian Penal Code
  34. Web site: Sierra Leone bans FGM in clampdown on secret societies. Reuters. 25 January 2019.
  35. News: Sierra Leone's first lady confronted over FGM controversy . Emma Batha . Reuters . 6 June 2019 . 5 May 2020.
  36. [Somaliland]
  37. News: In a Victory for Women in Sudan, Female Genital Mutilation Is Outlawed . Declan Walsh . The New York Times . 30 April 2020 . 5 May 2020.
  38. Web site: Sudanese government bans female genital mutilation. CNN. 1 May 2020.
  39. News: Sudan outlawed female genital mutilation. But experts warn it will take more to end the practice . Yuto Joshi . CBS News . 2 May 2020 . 5 May 2020.
  40. Web site: Davis . Anna . 2014-05-14 . British girls flown to Singapore and Dubai for 'medicalised' FGM . 2022-05-22 . Evening Standard . en.

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