Abstract

In 2012, the United Nations General Assembly adopted a resolution urging the international community to intensify global efforts to eliminate female genital mutilation/cutting (FGM/C). It also called upon States, the United Nations system, civil society and all stakeholders to continue to observe 6 February as the International Day of Zero Tolerance for FGM/C and to use the day to enhance awareness raising campaigns and to take concrete actions against female genital mutilations. FGM/C is a type of violence against women and girls which impairs their development potential and impacts the societies in which they live and work, their children, their families and ultimately their countries. FGM/C causes a large number of physical and psychological problems and complications and can even lead to death. It imposes unnecessary suffering and prolonged pain. The international community recognized that FGM/C is an important development challenge that affects millions of women and girls in the world. Sustainable Development Goal 5 (Achieve gender equality and empower all women and girls) includes a target on eliminating all harmful practices against women, such as female genital mutilation by 2030. To mark the International Day of Zero Tolerance to FGM/C, the authors are pleased to share this Compendium of International and National Legal Frameworks on Female Genital Mutilation/Cutting. It describes the international and regional instruments that address FGM/C as well as the national legislations adopted to outlaw FGM/C. This is a practical online tool to empower those fighting FGM/C.

Highlights

  • Female Genital Mutilation/Cutting (FGM/C)[3] is a development issue and a form of violence against women and girls that affects at least 200 million women in the world[4].female genital mutations (FGM)/C is a harmful practice proven to impact the physical and mental health of affected women and girls[5] from the moment of the cutting, with prolonged and irreversible consequences during their entire lives[6].Studies show that FGM/C has economic and social consequences[7] and a high obstetric cost[8] a comprehensive study on the exact extent of these economic, health and social costs is still to be carried out

  • Section 323B. (1) Any person who takes a child from the State, or arranges for a child to be taken from the State, with the intention of having female genital mutilation performed on the child is guilty of a crime

  • 33B—Removal of child from State for genital mutilation (1) A person must not take a child from the State, or arrange for a child to be taken from the State, with the intention of having the child subjected to female genital mutilation

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Summary

INTRODUCTION

Female Genital Mutilation/Cutting (FGM/C)[3] is a development issue and a form of violence against women and girls that affects at least 200 million women in the world[4]. 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)
Female genital mutilation
Prevention of harmful practices
Establishing rights-based social and cultural norms
Protective measures and responsive services
General legislative measures
Prevention
African Charter on Human and Peoples’
African Charter on the Rights and Welfare of the Child
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 Benin
BURKINA FASO Law No 043/96/ADP
CAMEROON Penal Code (2016)
The penalty is life imprisonment
CENTRAL AFRICAN REPUBLIC Law
CHAD Law No 006/PR/2002
COMOROS Penal Code
CONGO REPUBLIC Criminal Code
CÔTE D’IVOIRE Criminal Law (1998)
DJIBOUTI Penal Code
4.1.10 DEMOCRATIC REPUBLIC OF CONGO Penal Code
4.1.11 ERITREA Penal Code
4.1.12 ETHIOPIA Criminal Code
4.1.13 GAMBIA
4.1.14 GHANA Criminal Code - 1960
Chapter I - General Provisions
Chapter II - Of Crimes and Penalties
Chapter III - Assistance and Preventive Measures
4.1.17 LIBERIA Penal Law, 1976
Rehabilitation and Fines
4.1.18 MALAWI Penal Code
4.1.19 MALI Penal Code (2001)
4.1.20 MAURITANIA Ordonnance No 2005-015
4.1.22 SENEGAL Penal Code
4.1.23 SOMALIA
Chapter 2 – General Principles
Section 8: Prohibition of unfair discrimination on ground of gender
4.1.25 SUDAN Penal Code 2003
4.1.27 TANZANIA Penal Code
4.1.28 TOGO Penal Code (2008)
4.1.29 UGANDA The Prohibition of Female Genital Mutilation Act
Chapter XV – Offences against Morality
4.1.31 ZIMBABWE Domestic Violence Act34
AUSTRALIA
NEW SOUTH WALES Crimes Act 1900 – Section 45 – Prohibition of female genital mutilation36
QUEENSLAND Criminal Code Act 189940
SOUTH AUSTRALIA Criminal Law Consolidation Act 193541 - Part 3 (Offences against the person)
TASMANIA Criminal Code Act 192443
VICTORIA Crimes (Female Genital Mutilation) Act 199644
34. Consent not a defence to a charge under sections 32 or 33
WESTERN AUSTRALIA Criminal Code Act Compilation Act 191345
NEW ZEALAND Crimes Act 196146
INDIA47 Penal Code
PAKISTAN Pakistan Penal Code, 1860
PHILIPPINES The Revised Penal Code of the Philippines49
AUSTRIA Penal Code, 1974
BELGIUM Penal Code, 1867
BULGARIA Penal Code
CROATIA Criminal Code, 2013
ESTONIA Penal Code, 2001
Section 6: Aggravated assault In the case the assault
Chapter 9 Section 4
FRANCE Code Penal
4.3.10 GERMANY German Criminal Code, 1871
4.3.11 GREECE Penal Code
4.3.12 HUNGARY Penal Code, 2012
4.3.13 ITALY Penal Code - Law No 7/2006 Female Genital Mutilation
4.3.14 LATVIA Criminal Law58
58 Sources
4.3.15 LITHUANIA Criminal law Crimes against Human Health
4.3.16 LUXEMBOURG Penal Code, 1867
4.3.17 MALTA Criminal law
4.3.18 NETHERLANDS Dutch Penal Code, 1881
4.3.19 NORWAY Norwegian Criminal Code, 1902
4.3.20 POLAND Criminal law Articles 156, 157 and 160 of the Penal Code
Criminal Procedure Code
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
Modification of section 1
4.3.24 ROMANIA Criminal law
4.3.25 SLOVAKIA Penal Code, 2005
4.3.26 SLOVENIA Criminal Code, 2008 (amended 2009)
4.3.27 SPAIN Criminal Code
4.3.28 SWEDEN
4.3.29 SWITZERLAND Criminal Code, 1937
BRAZIL71 Criminal Code72
COLOMBIA75 Criminal Code76
Chapter I – Injuries
The body of the victim is exposed or displayed in a public place
PANAMA Criminal Code 200782
PERU Criminal Code
ALGERIA Code Pénal
BAHREIN Penal Code, 1976
EGYPT Law
IRAN Penal Code of the Islamic Republic of Iran
IRAQ Act of Combating Domestic Violence in Kurdistan Region - Iraq – Act No 8 (2011)
KUWAIT
NORTH AMERICA
It is unlawful for a person to
CALIFORNIA Penal Code (1997)
COLORADO Criminal Code (1999)
DELAWARE Criminal Code (1996)
FLORIDA Criminal Code (2007)
GEORGIA Criminal Code (2005)
ILLINOIS Criminal Code (1998)
KANSAS Criminal Code (2013)
LOUISIANA Criminal Code (2012)
4.6.1.10 MARYLAND Maryland Health Statutes (1998)
4.6.1.11 MICHIGAN Penal Code (2017)
4.6.1.15 NEW JERSEY Criminal Code (2014)
4.6.1.18 OKLAHOMA Criminal Code (2013)
4.6.1.19 OREGON Criminal Procedure (1999)
4.6.1.20 RHODE ISLAND Felony Assault, part of the Criminal Offenses Statute (1996)
4.6.1.22 TENNESSEE Criminal Offenses (1996)
4.6.1.25 WEST VIRGINIA Crimes and Their Punishment (1999)
4.6.1.26 WISCONSIN Public Health Code (1996)
CANADA Criminal Code119
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