Abstract
The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.
Highlights
As a result of immigration Europe is increasingly confronted with many kinds of practices from other cultures.[1]
In some cases a cultural practice, such as female genital mutilation (FGM), may be at odds with the standards and values felt to be fundamental by Western societies
Once a substantial suspicion of FGM is aroused, medical and social authorities must inform the criminal justice authorities. This follows from the case law of the European Court of Human Rights (ECtHR), indicating that the State is obliged to provide effective protection against serious violations of fundamental legal interests, which is the case for FGM.[23]
Summary
As a result of immigration Europe is increasingly confronted with many kinds of practices from other cultures.[1]. Other countries have taken appropriate measures, such as the introduction of a specific criminal law section and/or a statutory duty to report, but FGM cases have not been prosecuted. Taking into account the consistent resistance among medical and social authorities towards a statutory duty to report, implying legal responsibility for non-compliance, the Dutch Government rejected the first option. : UN, General Assembly, RES./34/180, 18 December 1979, Fact Sheet No 23, Harmful Traditional Practices Affecting the Health of Women and Children, This issue is all the more pressing since here we are nearly always dealing with the protection of juveniles, a category which usually requires further-reaching state obligations. I will begin with a short description of FGM and its cultural background
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