Abstract

Female genital mutilation and cutting (FGM and C) is a development issue and a form of violence against women and girls that affects at least 200 million women in the world. FGM and C is a harmful practice proven to impact the physical and mental health of affected women and girls from the moment of the cutting, with prolonged and irreversible consequences during their entire lives. Studies show that FGM and C has economic and social consequences and a high obstetric cost although a comprehensive study on the exact extent of these economic, health, and social costs is still to be carried out. Beyond the data and the statistics, researcher have shown that FGM and C deprives women of sexual satisfaction, sexual health, and psychophysical wellbeing. The compendium of international and national legal frameworks on female genital mutilation was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM and C. It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM and C.

Highlights

  • Female Genital Mutilation/Cutting (FGM/C)[4] is a development issue and a form of violence against women and girls that affects at least 200 million women in the world[5]

  • While the nature and prevalence of the practices vary by region and culture, the most prevalent and well documented are female genital mutilation, child and/or forced marriage, polygamy, crimes committed in the name of so-called honour and dowry-related violence

  • In their absence, traditional structures should be mandated to be child friendly and gender sensitive and adequately resourced to provide all necessary protection services to women and girls who face a high risk of being subjected to violence, including girls running away to avoid being subjected to female genital mutilation, forced marriage or crimes committed in the name of so-called honour

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Summary

INTRODUCTION

Female Genital Mutilation/Cutting (FGM/C)[4] is a development issue and a form of violence against women and girls that affects at least 200 million women in the world[5]. The Compendium of International and National Legal Frameworks on Female Genital Mutilation (the “Compendium”) was prepared to contribute to this urgent and important development debate with the understanding that the knowledge of the law is an important empowerment tool to end FGM/C. It provides a survey of the key international and regional instruments as well as domestic legislation as they relate to the prohibition of FGM/C. We want to be the generation witnessing the end of this practice and hope you will find this Compendium useful

Universal Declaration on Human Rights
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Covenant on Civil and Political Rights
Covenant on Economic, Social and Cultural Rights
Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
CEDAW General Recommendation No 14
CEDAW General Recommendation No 19
CEDAW Recommendation No 24 Women and Health
CEDAW General Recommendation
1.10 Joint general recommendation
Female genital mutilation
Prevention of harmful practices
Establishing rights-based social and cultural norms
Protective measures and responsive services
1.11 CEDAW General recommendation No 34 on the rights of rural women
1.12 CEDAW General recommendation
General legislative measures
Prevention
Protection
1.14 Committee on the Rights of the Child
African Charter on Human and Peoples’
African Charter on the Rights and Welfare of the Child
European Convention on Human Rights
Council of Europe
Inter-American Convention on the
Chapter II – Rights Protected
Chapter III – Duties of the States
American Convention On Human Rights "Pact Of San Jose, Costa Rica"
Charter of Fundamental Rights
Beijing Declaration and Platform for Action of the Fourth World Conference on Women
General Assembly Declaration on the Elimination of Violence against Women
Programme of Action of the International Conference on Population and Development (ICPD)
Transforming our World
BENIN Law No 2003-03 on the Repression of the Practice of FGM in the Republic of Benin12
BURKINA FASO Law No 043/96/ADP 13
CAMEROON Penal Code (2016) 14
The penalty is life imprisonment where
CENTRAL AFRICAN REPUBLIC Law
CHAD Law No 006/PR/2002 16
COMOROS Penal Code 17
CONGO REPUBLIC Criminal Code 18
CÔTE D’IVOIRE Criminal Law (1998) 19
4.1.10 DEMOCRATIC REPUBLIC OF CONGO Penal Code 21
4.1.11 ERITREA Penal Code 22
4.1.12 ETHIOPIA Criminal Code23
4.1.13 GAMBIA
4.1.14 GHANA Criminal Code – 1960 25
4.1.15 GUINEA Law No 2016/059/AN (the Criminal Code 2016) 26
Chapter I - General Provisions
Chapter II - Of Crimes and Penalties
Chapter III - Assistance and Preventive Measures
4.1.18 LIBERIA Penal Law, 197630
Rehabilitation and Fines
4.1.19 MALAWI Penal Code 34
4.1.20 MALI Penal Code (2001) 35
4.1.21 MAURITANIA Ordonnance No 2005-01536
4.1.23 NIGER Criminal Code (1961) 38
4.1.24 NIGERIA Violence Against Persons (Prohibition) Act, 201539
4.1.25 SENEGAL Penal Code - (Law No 99-05 of January 29, 1999)
4.1.26 SIERRA LEONE Child Rights Act, 2007 40
4.1.27 SOMALIA Provisional Constitution of 201241
Chapter 2 – General Principles
Section 8: Prohibition of unfair discrimination on ground of gender
4.1.29 SUDAN Penal Code 2003 45
4.1.31 TANZANIA Penal Code47
4.1.32 TOGO Penal Code (2008) 48
4.1.33 UGANDA The Prohibition of Female Genital Mutilation Act49
Chapter XV – Offences against Morality
4.1.35 ZIMBABWE Domestic Violence Act 51
AUSTRALIA
NEW SOUTH WALES Crimes Act 1900 – Section 45 – Prohibition of female genital mutilation53
QUEENSLAND Criminal Code Act 189957
SOUTH AUSTRALIA Criminal Law Consolidation Act 193558
TASMANIA Criminal Code Act 192460
VICTORIA Crimes (Female Genital Mutilation) Act 199661
34. Consent not a defence to a charge under sections 32 or 33
WESTERN AUSTRALIA Criminal Code Act Compilation Act 191362
NEW ZEALAND Crimes Act 196163
INDIA Penal Code64
PAKISTAN Pakistan Penal Code, 186065
PHILIPPINES The Revised Penal Code of the Philippines66
AUSTRIA Penal Code, 197467
BELGIUM Penal Code, 186768
BULGARIA Penal Code69
CROATIA Criminal Code, 201371
DENMARK Penal Code, 1930 74
ESTONIA Penal Code, 2001 75
Section 6: Aggravated assault In the case the assault
Chapter 9 Section 4
FRANCE Code Penal 78
4.3.10 GERMANY German Criminal Code, 1871 79
CHAPTER 10 - CRIMES AGAINST PHYSICAL INTEGRITY
4.3.12 HUNGARY Penal Code, 201281
4.3.13 ITALY Penal Code - Law No 7/2006 Female Genital Mutilation82
4.3.14 LATVIA Criminal Law 83
4.3.15 LITHUANIA Criminal law 84
4.3.16 LUXEMBOURG Penal Code, 1867 85
4.3.17 MALTA Criminal Law
4.3.18 NETHERLANDS Dutch Penal Code, 1881 88
4.3.19 NORWAY Norwegian Criminal Code, 190289
4.3.20 POLAND Criminal law90
4.3.22 UNITED KINGDOM (For England, Wales and Northern Ireland)
Offence of assisting a girl to mutilate her own genitalia
Penalties for offences
4.3.23 SCOTLAND Female Genital Mutilation Act (Scotland) 200598
Modification of section 1
4.3.24 ROMANIA Criminal law99
4.3.25 SLOVAKIA Penal Code, 2005101
4.3.26 SLOVENIA Criminal Code, 2008 (amended 2009) 103
4.3.27 SPAIN Criminal Code105
4.3.28 SWEDEN
BRAZIL110 Criminal Code111
COLOMBIA114 Criminal Code115
Chapter I – Injuries
The body of the victim is exposed or displayed in a public place
PANAMA Criminal Code 2007121
PERU Criminal Code122
PART IV OFFENCE OF FEMALE GENITAL MUTILATION
ALGERIA Code Pénal124
BAHRAIN Penal Code, 1976 126
IRAN Penal Code of the Islamic Republic of Iran 128
IRAQ Act of Combating Domestic Violence in Kurdistan Region - Iraq – Act No 8 (2011) 129
KUWAIT Law 21 of 2015 on Children's Rights has no specific provisions on FGM
NORTH AMERICA
It is unlawful for a person to
ARKANSAS
CALIFORNIA Penal Code (1997)
COLORADO Criminal Code (1999)
DELAWARE Criminal Code (1996)
FLORIDA Criminal Code (2007)
GEORGIA Criminal Code (2005)
Chapter 15 Children and Vulnerable Adults
4.6.1.10 ILLINOIS Criminal Code (1998)
4.6.1.12 KANSAS Criminal Code (2013)
4.6.1.13 LOUISIANA Criminal Code (2012)
4.6.1.14 MARYLAND Maryland Health Statutes (1998)
4.6.1.15 MICHIGAN Penal Code (2017)
4.6.1.16 MINNESOTA Criminal Code (1994)
4.6.1.17 MISSOURI Criminal Code (2000)
4.6.1.18 NEVADA Criminal Code (1997)
4.6.1.19 NEW HAMPSHIRE Title LXII Criminal Code 152
4.6.1.20 NEW JERSEY Criminal Code (2014)
4.6.1.21 NEW YORK Penal Law (1997)
4.6.1.22 NORTH CAROLINA Senate Bill DRS45008-ML-19A – Session 2019 155
4.6.1.24 OHIO Senate Bill 214 158
4.6.1.25 OKLAHOMA Criminal Code (2013)
4.6.1.26 OREGON Criminal Procedure (1999)
Chapter 31 Sexual Offenses Subchapter B Definition of Offenses
4.6.1.28 RHODE ISLAND Felony Assault, part of the Criminal Offenses Statute (1996)
Chapter 3 – Offenses Against the Person
4.6.1.30 SOUTH DAKOTA Criminal Code (2015)
4.6.1.31 TENNESSEE Criminal Offenses (1996)
4.6.1.32 TEXAS Health and Safety Code (1999)
Chapter 5 Offenses Against the Person Part 7 Genital Mutilation
4.6.1.34 VIRGINIA Crimes and Offenses (2017)
4.6.1.35 WEST VIRGINIA Crimes and Their Punishment (1999)
4.6.1.36 WISCONSIN Public Health Code (1996)
CANADA Criminal Code171
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