Discuss about the Female genital mutilation (FGM) and its Criminalization.
Female genital mutilation (FGM) can be considered as a process which comprises of procedures that include total or partial removal of external female genitalia or causing other forms of injury to female genital organs having non-medical reasons. FGM is a form of violence that is mainly committed against children. It is worth mentioning here that it is not just a form of child abuse but is also a form of major sexual abuse, grave bodily harm caused to the children who are experiencing it along with violation of human rights. In case of such criminal offences, no cultural or religious excuse can be considered to be justified for the violence caused against children.
Female genital mutilation (FGM) which is also referred as female circumcision, as already stated refers to incorporation of different procedures by means of which intentional injury or alteration is done to female genital organs[1]. This process lacks any kind of backing in regards to medical reasoning. The practice of FGM generally includes cutting, piercing, sewing closed or removing all or parts of women’s or girl’s external genitals.
The above made discussion, clearly establishes the fact that such practices of FGM, is a major brutal process of female children which can also be considered as sexual offence. The cultural or religious background practicing such activates provides with the reasoning that such practices have certain health benefits. However, if the implications of such practices are analyzed in an depth manner, it can be observed that such practices are associated with major health risks. In this regards, on the part of WHO it has been stated that practices like FGM is not associated with any king of health benefits. In this alignment it has been further stated by WHO that, such practices result which are associated with damaging or removing healthy female genital tissues results in interfering natural function of female body[2]. It results in high health risks and its impact may vary from immediate issue to long term impact along with having major damaging effect. The initial impact of the process includes shock, severe pain, tetanus, bleeding or sepsis, open sores, lack of ability to urinate along with having injury to nearby genital tissue. The long term impact of such practices includes recurrent bladder, abnormal menstruation, cysts, urinary tract infections, lack of sexual pleasure, pain during sexual intercourse, new born deaths, infertility and childbirth issues. In extreme cases, women are also seen to bleed to death. In case of victims of such practices they are also seen to suffer from psychological issue followed by the traumatic procedure.
The discussion associated with the practice of FGM reflects the fact that it is an atrocious practice which results in having major short term as well as long term impact. In spite of witnessing such severe impact associated with the practice, such practice is still seen to persist. This makes it essential to analyze the reasons for continued FGM practices. On analyzing the factors that result in continuation of such practices it may be observed that one of the major underlying reasons is combination of religious, cultural and social factors that is seen to persist within communities and families[3]. In certain cases it is observed that the practice of FGM is considered as a necessary aspect in bringing up young girl in a successful manner which can be considered to be in alignment with the social needs and standards. It is also considered as an essential aspect in order to prepare girls for their marriage. The practice of female circumcision is also considered to be effective in reducing libido among women which, further results in ascertaining marital fidelity and pre-marital virginity, on the part of sections of society who emphasizes on such practices. In case of communities which have been long-standing the prevalence of such procedures results in pressuring conformation to tradition which acts as a major barrier in elimination of such abuse.
Considering the grave impact of FGM on the female population across the world, it has turned out to be a major concern across the globe. In order to eradicate such practices various efforts have been made across the globe to criminalize such practices. In this regards if Australia is taken into consideration the support provided by the nation to Universal Declaration of Human Rights (1948) clearly reflects the effort of criminalizing such practices. According to Universal Declaration of Human Rights (1948) conducting such activities would result in breach of article 3 and 5[4]. Australia being one of the parties to Convention on the Elimination of All Forms of Discrimination against Women 1979 that condemns such practices reestablishes this fact. Australia’s significant involvement in drafting Declaration on Violence Against Women 1993 and formally providing support to the declaration also focuses on the effort of Australia in criminalizing FGM[5]. Other than being a party to Convention relating to the Status of Refugees, Convention on the Rights of the Child along with providing with support to International Council of Nurses, the policy undertaken by Australia on female genital mutilation which has been condemned in Australian Medical Association’s policy establishes the constant effort on the part of Australia for criminalizing such practices. In spite of the presence of these legislations and practices to reduce and eliminate the prevalence of such practices, statistics reflect that 11 girls born in Australia per day, are at increased risk of FGM[6].
Efforts can be seen to be present in different African countries like Nigeria towards criminalizing FGM. It can be well established with the help of national policies and strategies like National Policy and Plan of Action on Elimination of female genital mutilation in Nigeria 2002. On the part of different countries in West Africa, are seen to make efforts towards prohibiting and condemning all forms of FGM. In case of most of these countries laws associated with FGM tend to penalize both accomplices and offenders. In case of Guinea- Bissau maximum penalty associated with FGM includes 6 years of imprisonment. Certain African countries are also seen to sanction fines for up to US$ 1500[7]. In spite of the presence of these actions, according to UNICEF report 2013 that consisted of 29 countries stated that, the rate of FGM was 27.2 million. The report provided by WHO as of 2008 has put forward the fact that estimated 140 million females across the globe have undergone three types of procedures[8]. In accordance to UNICEF report 2013 in Africa alone approximately 3 million females are at risk of FGM annually in Africa alone. This also establishes the fact that in spite of the presence of policies which criminalizes such practices FGM has been continued. This clearly puts forward the fact that just criminalizing such practices is not an effective means of eradicating FGM.
There are various underlying reasons for failure of such legislations and policies which criminalizes FGM. In regards to Australia, if the reason for failure of such acts which criminalizes FGM it can be observed that Australia is predominantly a multicultural society, which makes it essential to preserve the diversity. In this regard in the government’s review of Australian Law Reform Commission, it has been indicated by ALRC that its preferred approach was not necessarily associated with prohibition of FGM[9]. Such an approach on the part of the government towards preservation of cultural diversity turns out to be one of the reasons for prevalence of such practices in Australia. Other than that, the communities which still observes the prevalence of such practices in spite of the presence of laws and policies condemning such practices, the underlying reason is FGM is considered among different culture as a traditional practice on the part of members of these cultures. The attribution of such practices with tradition, along with, its presence for 1000 of years in certain culture result in acceptance of such rites and tradition without any question[10]. It is also bound by the community’s moral code, which is essential aspect for the community’s identity[11]. This plays a major role for the members of these communities to abide by these practices to ascertain their acceptance within the community. This makes such efforts of criminalizing FGM as ineffective.
Other than that, factor of family autonomy also result making such efforts to be ineffective. To get in depth of the matte, in certain culture it is considered that parents have the general rights of determining which is best for their children. Such approaches have been present in these cultures for several years. In such cases State interference is not expected. They also perceive that such interferences on the part of the State results in impacting the privacy of the family. This is also another reason on the part of the family belonging to these cultures for not abiding to the policies that criminalizes FGM. Among these cultures emphasizing on FGM they are also of the opinion that they have the right to cultural integrity[12]. Among these individuals who defend right to cultural integrity they tend to defend patient’s right to have daughters circumcised. In these cases, individuals belonging to such cultures tend to refer to their traditional values and right to cultural integrity wherein they emphasize on the absence of any kind of interferences from individuals who belongs from different cultural values. This also results in lack of effectiveness of efforts of criminalizing FGM.
Other than that, another major challenge for such criminalizing policies against FGM to be a success is due to the fact that such practices of FGM are performed secretly. It is particularly observed followed by the formulation and implementation of the policies which condemn acts of FGM. The fact that in such acts family members are also involved which makes it easy to perform such acts in private with the absence of any kind of protest also makes such efforts of criminalizing FGM to be futile.
Followed by criminalizing of FGM with the help of policies and practices, there has been increasing tendency of lowering the age of girls undergoing FGM. It is one of the potentially adverse impacts of a law against FGM criminalizing such acts. The underlying perception behind this being, parents and cutters are of the perception that on conducting such acts at a younger age the risk of being detected can be avoided. The younger the girl they are less likely to report the incident. It is due to such perception, followed by formulation of these policies and legislations which criminalize such acts, the rate of such occurrences are seen to more among younger girl[13]. In this context, in the study conducted by Mathews, puts forward the fact that when the DHS data from 1999 with 2010 was compared it reflected the fact that 24.5% women reported in 1999 of undergoing FGM before their 5th birthday that increased to 60.4% in 2010. The fact that the trend of younger girls undergoing FGM has been on constant rise has also been mentioned in different academic research[14].
Another major impact of criminalizing FGM with the help of policies and legislations are cross border FGM. In case of countries that are landlocked which is boarded by countries that do not have laws effectively enforced against the application of FGM or countries when FGM is not criminalized in such cases individuals belonging to culture in which FGM is considered to be essential tend to cross the border to perform FGM.
Thus on the basis of the above it can be observed that efforts have been made towards criminalizing such practices. In spite of presence of such legislation which criminalizes FGM, it can be observed that such practices still persists, resulting in making such legislations to be futile in nature. Criminalizing such acts, fail in condemning it or eradicating its occurrence. Rather, such occurrences continue to occur in some form or the other. The underlying reason being the religious and tradition impact, which makes such practices to be an integral aspect for their communities and their cultural identities[15]. Religious believes and perceptions are the major aspects which make the members of these communities to avoid from compelling the policies and practices, continue with their traditional norms. Thus, it is due to criminalizing acts of FGM which has resulted in the occurrence of cross border FGM, performing such acts on girls at a younger age and the involvement of family members helps in performing it secretly. It clearly establishes the fact that criminalizing FGM only with the help of policies and legislation has not been effective. This makes it essential to focus on other strategies and policies for reducing the prevalence rate like creating awareness and organizing educational program.
Though the presence of legislation helps in coping up with such crimes in a systematic manner, which also turns out to be a success in creating fear associated of legal consequence associated with performing such act openly and seek assistance from doctors for performing such acts, still legislation alone may fail in dealing with the issue effectively[16]. To get in depth of the matter, the combination of education and legislation and creating awareness, education would help in providing with the desired outcome. As an instance, in case of migrants lacking the awareness about the specification of the legislation of State in which they reside, with the help of educating and creating awareness among them would result in making the desired social impact helping in eradication of such practices. With the help of education and creating awareness, they may be effectively informed regarding the adverse impact associated with such practices. Such approaches associated with eliminating practices of FGM also turn out to be effective in convincing the members of the community emphasizing on such practices, to acceptance the policies and legislations abolishing FGM. Furthermore, as family members are only associated with such practices, it becomes easy for them to perform it in private in spite of presence of the legislation. Thus, the most effective way of curtailing the occurrence of such practices would be educating the members of the community and creating adverse impact associated with FGM.
Other than that, emphasis on right to education and right of being informed would also turn out to be effective in eradicating such occurrences. Such strategy would turn out to be effective in formulating critical consciousness among members of the community towards FGM. Furth more such practices would also be effective in reducing social acceptance associated with the practice. Thus, the major underlying reason of the practice which is its social acceptance can be effectively managed with the help of this strategy. On analyzing the incidences of Burkina Fasco and Egypt it can be clearly stated that legislations which condemns the practice of FGM may turn out to be effective if it is preceded with years of sensitization. It is due to the fact that preceding such legislations with years of sensitization helps in formulating population support to the legislation. It is essential for the strategies of awareness raising and education to be aligned with integrated framework[17]. These integrated framework are needed to address the needs of the community along with promoting a culture of respect for human rights which are locally rooted. It is also with the help of awareness raising and education which helps in promoting integration, enhancement of knowledge of rights and create awareness regarding laws which prohibits FGM. It is worth mentioning here that the strategy of awareness raising and education is of such a nature that helps in promoting knowledge regarding the issue at different level of the society there by increasing the level of awareness of human rights and health of women within the participants[18]. Thus it is followed by theses awareness program followed by which communities get empowered to review the existing practices prevalent within the community along with participating to the change in eradication of the discriminatory practice. The effectiveness of educational programs in minimizing the prevalence of FGM can be clearly observed with the help of the incidence of Senegal wherein the implementation of the strategy by NGO Tostan resulted in dramatic decrease in the prevalence rate of FGM among the villages which participated in the program.
A mentionable strategy for changing the approach to such practices on the part of the family members, who are the integral participant in such practices, can be changed with the help of home visits and counseling services. It may play a pivotal role in eradication of such practices. Home visits by volunteers and community worker may turn out to be effective in enhancing the awareness level associated with FGM along with promoting early identification of girls and women at increased risk of FGM. It helps in providing with personalized support towards parental knowledge, behaviors and skills associated with FGM.
In case of youth and children population Life skills based education provided in community settings and school may turn out to be effective in creating their knowledge and awareness regarding such practices. Thus in turn it helps in altering the behaviors and attitude among them regarding FGM[19]. In this context Outreach activities have seen to make positive impact along with formal and informal education programs in changing the perception and attitude of children and youth population towards such practices.
Other than that, media education and involvement is also essential in creating large level awareness and knowledge regarding these practices. Educating through media turns out to be effective in changing public attitude, perception and opinion towards such practices to a great extent and thus abandon FGM.
Thus, it may be stated that, for the purpose of getting the desired outcome form the society and community from the legislation and policies it is essential to integrate the legislations with social measures which would help getting the desired outcome towards FGM, which is complete eradication.
References
29 Countries, More Than 125 Million Girls And Women (2018) Unicef https://www.unicef.org/protection/files/00-FMGC_infographiclow-res.pdf
About FGM In Australia – NOFGM AUSTRALIA | Protecting Girls Empowering Survivors(2018) NOFGM AUSTRALIA <https://nofgmoz.com/about-fgm-in-australia/>
Analysis Of Legal Frameworks On Female Genital Mutilation In Selected Countries In West Africa (2018) UNFPA <https://wcaro.unfpa.org/sites/default/files/pub-pdf/UNFPA-ANALYSIS-ON-FGM-WEB.pdf>
At Least 200 Million Girls And Women Alive Today Living In 30 Countries Have Undergone FGM (2018) unicef <https://data.unicef.org/topic/child-protection/female-genital-mutilation/>
Criminalisation Will Not Stop FGM In East Africa (2014) the Guardian <https://www.theguardian.com/global-development-professionals-network/2014/apr/15/fgm-africa-criminalisation-ethiopia>
Female Genital Mutilation Is Hurting Australian Girls And We Must Work Together To Stamp It Out (2017) The Conversation <https://theconversation.com/female-genital-mutilation-is-hurting-australian-girls-and-we-must-work-together-to-stamp-it-out-71885>
LEGISLATIVE REFORM TO SUPPORT THE ABANDONMENT OF FEMALE GENITAL MUTILATION/CUTTING (2010) Unicef <https://www.unicef.org/policyanalysis/files/UNICEF_-_LRI_Legislative_Reform_to_support_the_Abandonment_of_FGMC_August_2010.pdf>
Mathews, Ben, Female Genital Mutilation: Australian Law, Policy And Practical Challenges For Doctors (2011) Mja.com.au <https://www.mja.com.au/journal/2011/194/3/female-genital-mutilation-australian-law-policy-and-practical-challenges-doctors>
Molloy, Antonia, What Is FGM? Everything You Need To Know About Female Genital (2018) The Independent <https://www.independent.co.uk/life-style/health-and-families/health-news/what-is-fgm-everything-you-need-to-know-about-female-genital-mutilation-9580935.html>
Months-Old Babies Subjected To Female Genital Mutilation, Report Finds (2017) ABC News <https://www.abc.net.au/news/2017-01-13/report-on-female-genital-mutilation-shows-hidden-prevalence/8180340>
New Report: FGM Prevalence In Australia 2018 (2018) nofgmoz <https://nofgmoz.com/2018/03/07/new-report-fgm-prevalence-australia-2018/>
New Statistical Report On Female Genital Mutilation Shows Harmful Practice Is A Global Concern (2016) unicef <https://www.unicef.org/media/media_90033.html>
Ogoe, Sally Effie, “Why Does Female Genital Mutilation Persist? Examining The Failed Criminalization Strategies In Africa And Canada” (2015) mspace <https://mspace.lib.umanitoba.ca/bitstream/handle/1993/30862/Ogoe_Sally%20Effie.pdf?sequence=1&isAllowed=y>
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Analysis Of Legal Frameworks On Female Genital Mutilation In Selected Countries In West Africa (2018) UNFPA <https://wcaro.unfpa.org/sites/default/files/pub-pdf/UNFPA-ANALYSIS-ON-FGM-WEB.pdf>.
Criminalisation Will Not Stop FGM In East Africa (2014) the Guardian <https://www.theguardian.com/global-development-professionals-network/2014/apr/15/fgm-africa-criminalisation-ethiopia>.
Months-Old Babies Subjected To Female Genital Mutilation, Report Finds (2017) ABC News <https://www.abc.net.au/news/2017-01-13/report-on-female-genital-mutilation-shows-hidden-prevalence/8180340>.
Ben Mathews, Female Genital Mutilation: Australian Law, Policy And Practical Challenges For Doctors(2011) Mja.com.au <https://www.mja.com.au/journal/2011/194/3/female-genital-mutilation-australian-law-policy-and-practical-challenges-doctors>.
LEGISLATIVE REFORM TO SUPPORT THE ABANDONMENT OF FEMALE GENITAL MUTILATION/CUTTING(2010) Unicef <https://www.unicef.org/policyanalysis/files/UNICEF_-_LRI_Legislative_Reform_to_support_the_Abandonment_of_FGMC_August_2010.pdf>.
New Report: FGM Prevalence In Australia 2018 (2018) nofgmoz <https://nofgmoz.com/2018/03/07/new-report-fgm-prevalence-australia-2018/>.
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Countries, More Than 125 Million Girls And Women (2018) Unicef <https://www.unicef.org/protection/files/00-FMGC_infographiclow-res.pdf>.
The Horror Reality Of Female Genital Mutilation (2018) NewsComAu <https://www.news.com.au/lifestyle/real-life/true-stories/i-remember-screaming-in-agony-the-horror-reality-of-female-genital-mutilation/news-story/5a0756ba7fb909ba076f191318ea7ef0>.
At Least 200 Million Girls And Women Alive Today Living In 30 Countries Have Undergone FGM(2018) unicef <https://data.unicef.org/topic/child-protection/female-genital-mutilation/>.
New Statistical Report On Female Genital Mutilation Shows Harmful Practice Is A Global Concern(2016) unicef <https://www.unicef.org/media/media_90033.html>.
United Nations Children’s Fund, & Gupta, G. R. (2013). Female Genital Mutilation/Cutting: A Statistical Overview And Exploration Of The Dynamics Of Change. Reproductive Health Matters, 184-190. (2013) Unicef <https://www.unicef.org/media/files/UNICEF_FGM_report_July_2013_Hi_res.pdf>.
Antonia Molloy, What Is FGM? Everything You Need To Know About Female Genital (2018) The Independent <https://www.independent.co.uk/life-style/health-and-families/health-news/what-is-fgm-everything-you-need-to-know-about-female-genital-mutilation-9580935.html>.
Analysis Of Legal Frameworks On Female Genital Mutilation In Selected Countries In West Africa (2018) UNFPA <https://wcaro.unfpa.org/sites/default/files/pub-pdf/UNFPA-ANALYSIS-ON-FGM-WEB.pdf>.
About FGM In Australia – NOFGM AUSTRALIA | Protecting Girls Empowering Survivors (2018) NOFGM AUSTRALIA <https://nofgmoz.com/about-fgm-in-australia/>.
Female Genital Mutilation Is Hurting Australian Girls And We Must Work Together To Stamp It Out(2017) The Conversation <https://theconversation.com/female-genital-mutilation-is-hurting-australian-girls-and-we-must-work-together-to-stamp-it-out-71885>.
Months-Old Babies Subjected To Female Genital Mutilation, Report Finds (2017) ABC News <https://www.abc.net.au/news/2017-01-13/report-on-female-genital-mutilation-shows-hidden-prevalence/8180340>.
Criminalisation Will Not Stop FGM In East Africa (2014) the Guardian <https://www.theguardian.com/global-development-professionals-network/2014/apr/15/fgm-africa-criminalisation-ethiopia>.
The Horror Reality Of Female Genital Mutilation (2018) NewsComAu <https://www.news.com.au/lifestyle/real-life/true-stories/i-remember-screaming-in-agony-the-horror-reality-of-female-genital-mutilation/news-story/5a0756ba7fb909ba076f191318ea7ef0>.
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