Type 1: Clitoridectomy. That's the total or partial removal of the sensitive clitoris and its surrounding skin. Type 2: Excision. The partial or total removal of the clitoris plus the removal of the labia minora, or inner skin folds surrounding the vagina. Type 3: Infibulation.
The cutting and repositioning of the labia minora and the labia majora - the outer skin folds that surround the vagina. This often includes stitching to leave only a small gap. This practice is not only extremely painful and distressing, it's also an ongoing infection risk: the closing over of the vagina and the urethra leaves women with a very small opening through which to pass menstrual fluid and urine.
In fact, sometimes the opening can be so small that it needs to be cut open to allow sexual intercourse or birth - often causing complications which harm both mother and baby. Type 4: This covers all other harmful procedures like pricking, piercing, incising, scraping and cauterising the clitoris or genital area.
The most frequently cited reasons for carrying out FGM are social acceptance, religion, misconceptions about hygiene, a means of preserving a girl or woman's virginity, making the woman "marriageable" and enhancing male sexual pleasure. In some cultures FGM is regarded as a rite of passage into adulthood, and considered a pre-requisite for marriage. Although there are no hygienic advantages or health benefits to FGM, practising communities believe that women's vaginas need to be cut - and women who have not undergone FGM are regarded as unhealthy, unclean or unworthy.
Often it's performed against their will, and health professionals worldwide consider it a form of violence against women and a violation of their human rights. To be habitually resident in the UK it may not be necessary for all, or any, of the period of residence here to be lawful.
Whether a person is habitually resident in the UK should be determined on the facts of the case. The following medical procedures are exempted from the offence sections 1 2 -1 5 : A surgical operation on a girl which is necessary for her physical and mental health if performed by a registered medical practitioner.
In determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual. A surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth if performed by a registered medical practitioner or a registered midwife for a person undergoing a course of training with a view to becoming such practitioner or midwife.
Assisting a girl to mutilate her own genitals — section 2 Self-mutilation is not an offence, but it is an offence to assist a girl to do so. A person is guilty of an offence if it is proved that: a girl has excised, infibulated or otherwise mutilated the whole or any part of her own labia majora, labia minora or clitoris, and the suspect has aided, abetted, counselled or procured this. Failing to protect a girl from risk of genital mutilation — section 3A If an offence under sections 1, 2 or 3 of the Act is committed against a girl under the age of 16, then each person who is responsible for her will be potentially liable if they knew, or ought to have known, that there was a significant risk of FGM being carried out but did not take reasonable steps to prevent it from happening.
Responsibility under section 3A of the Act arises in either of two situations: the person has parental responsibility for the girl and has frequent contact with her at the relevant time when the FGM occurs. Frequent contact is treated as continuing if the girl temporarily stays elsewhere; or the person is aged 18 or over and has assumed, and not relinquished, responsibility for caring for the girl in the manner of a parent at the relevant time when the FGM occurs. It is a defence for a defendant to show that either: at the relevant time when the FGM occurs , the defendant did not think that there was a significant risk of FGM being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk; or the defendant took such steps as they could reasonably have been expected to take to protect the girl from being the victim of an FGM offence at the relevant time when the FGM occurs.
Guidance on joint enterprise in these circumstances can be gained from the following cases: R v Abbott 29 Cr. If the suspect is a UK national or resident, then the effect of section 4 1 is that there is jurisdiction to prosecute, wherever in the world the following conduct is alleged to have taken place: the suspect personally committed the act of FGM on the victim the suspect aided or abetted the victim to commit FGM on herself the suspect aided or abetted another to commit FGM the suspect failed to protect a girl from FGM In each case, the nationality or residence of the suspect provides for jurisdiction, wherever the culpable act personally committing the offence; aiding or abetting a victim; aiding or abetting another; failing to protect or the act of FGM occurred.
This is the case, regardless of the nationality or residence of the victim. In cases which involve a non-UK national or resident, in addition to liability for FGM undertaken in England and Wales, the following should be considered: if there is a substantial connection with the jurisdiction, if a substantial number of the activities constituting the crime, take place within England and Wales, then the courts in England and Wales will have jurisdiction, unless it can be argued, on a reasonable view, that the conduct ought to be dealt with by the courts of another country: v.
Smith Wallace Duncan No. These offences would apply where the evidence supports an allegation that: really serious bodily harm, or actual harm, was caused.
This need not be permanent or dangerous, or have lasting consequences. This includes psychiatric but not psychological injury. Bollom [] EWCA Crim confirms that this is to be assessed with reference to the characteristics including age and health of the particular victim. Anonymity of Victims One of the reasons why victims of FGM may be reluctant to come forward and report the crime is because of the risk of being identified as a victim of such a personal and sensitive crime.
Exceptions to anonymity There are two limited circumstances where the court may dis-apply the restrictions on publication: the first is where a person being tried for an FGM offence could have their defence substantially prejudiced if the restriction to prevent identification of the person against whom the allegation of FGM was committed is not lifted; the second is where preventing identification of the person against whom the allegation of FGM was committed could impose a substantial and unreasonable restriction on the reporting of the proceedings and it is therefore considered in the public interest to remove this restriction.
Breach of the restrictions Where anything is included in a publication which contravenes the anonymity provisions in place for an alleged victim of FGM, each person responsible for the publication is guilty of an offence. Defences There are two defences to this offence: the first is where the defendant had no knowledge and no reason to suspect that the publication included the relevant content or that a relevant allegation had been made which would be likely to identify a victim; the second is where the victim where aged 16 or over had freely given written consent to the publication.
Evidential Considerations When providing early investigative advice, prosecutors should consider formally addressing the following matters in the case: If jurisdiction is in issue, this is a difficult legal and factual issue which must be resolved so that the investigation is clear from the outset of its jurisdictional basis. See above. This may be founded on establishing that culpable acts have occurred in England and Wales.
Otherwise the nationality or residence of the suspect will become important. Thereafter, inchoate offences should be considered. The role of the suspect or suspects should be addressed. Is joint enterprise alleged? Or did a suspect fail to protect the victim? Appropriate expert evidence. Prosecutors should assist in identifying with precision the questions an appropriate expert instructed by the police should address, see further below. When reviewing a case at the evidential stage of the Full Code test, prosecutors should consider the following questions: does the alleged FGM procedure amount to the excision, infibulation or mutilation of the whole or any part of the labia majora, labia minora or the clitoris?
As above, what they must be asked to give evidence concerns excision, infibulation or mutilation and not the WHO definitions. If so, a different expert may be needed to address this separate question: a pathologist or paediatric pathologist. Support of Victims and Witnesses In a case where victims and witnesses for clarity, reference will be made to victims henceforth but there may be other witnesses who should receive the same level of support can also provide evidence of being subjected to FGM, it is important to ensure that they receive support.
Prosecutors should consider the following if a victim indicates that they wish to retract their evidence or withdraw their support for the prosecution: is there any reason to believe that the victim might have been threatened, pressurised or intimidated which has caused them to fear giving evidence and has led to them retracting their evidence or withdrawing from the proceedings?
What risks were identified? In particular, consideration should be given to whether the res gestae exception has been made out or if there is clear evidence of fear pursuant to section 2 e , Criminal Justice Act ; obtaining a risk assessment from the police which should be informed, if possible, by input from those caring for or supporting the victim, and if stopping the case is not inevitable or the most appropriate way to conclude the case compelling them to attend by use of a witness summons and, only where appropriate which must also be addressed by the risk assessment , a warrant.
Expert Evidence As in any case, prosecutors should ensure that expert evidence is admissible and assists the jury in determining the issues in the case, having regard to: compliance with the Criminal Procedure Rules requirements, the Guidance Booklet for Experts and other available guidance; the real issues in the case and whether an expert will assist the jury with matters outside their knowledge or will only make an issue which is readily explained in lay terms more complicated; the weight attached to the evidence: for instance, has the expert addressed other possible explanations?
Has the expert identified whether there is a difference of opinion on the issue at hand? International Evidence In cases where FGM has been carried out overseas, prosecutors should ensure that police-to-police enquiries are made and, where potential evidence is identified, use prosecutorial powers to obtain it European Investigative Order or Letter of Request.
Public Interest Considerations In cases of FGM, where there is sufficient evidence to support a prosecution, it is highly likely to be in the public interest to prosecute. Piercing and Cosmetic Surgery Particular considerations arise in relation to piercing and cosmetic surgery. Evidential stage: piercing The piercing of the female genitalia to adorn it with jewellery or other accessories purely for the purpose of personal decoration or in order to enhance the sensation of sexual contact, as commonly understood and practised, is unlikely to involve excision, infibulation or mutilation.
Evidential stage: cosmetic surgery Cosmetic surgery, as commonly understood and practised in the form of labiaplasty, involves surgery to excise labial tissue to make the labia minora smaller.
Public interest stage: piercing and cosmetic surgery Where, unusually, there is evidence that piercing amounts to mutilation, or cosmetic surgery occurs with excision and without evidence of health necessity being demonstrated, prosecutors should go on to consider the following public interest factors. Sentencing A person guilty of an offence under sections 1, 2 and 3 of the Act is liable: on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine or both ; on summary conviction, to imprisonment for a term not exceeding six months or a fine or both.
A person guilty of an offence under section 3A of the Act is liable, in England and Wales: on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine or both ; on summary conviction, to imprisonment for a term not exceeding six months or a fine or both.
The Code for Crown Prosecutors The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
Continue reading. Prosecution guidance This guidance assists our prosecutors when they are making decisions about cases. Abusive partner on steroids murdered girlfriend in Holiday Inn 10 November Life sentence for teenage murderer 08 November But the memory and the pain never really go away. I told them how much the operation had hurt me, how it had traumatized me and made me not trust my own parents. The decided they did not want this to happen to their daughter.
Medicalized FGM can take place in a public or private clinic, at home or elsewhere. This strategy reflects consensus between international experts, United Nations entities and the Member States they represent. In addition, the global commitment to eliminate all forms of FGM by is clearly stated in target 5. Even when the procedure is performed in a sterile environment and by a health-care professional, there can be serious health consequences immediately and later in life.
Medicalized FGM gives a false sense of security. In addition, there is no medical justification for FGM. Advocating any form of cutting or harm to the genitals of girls and women, and suggesting that medical personnel should perform it is unacceptable from a public health and human rights perspective. Several studies have shown that girls can be subjected to FGM repeatedly when members of their family or community are dissatisfied with the results of earlier procedures. And because medical personnel often hold power, authority and respect in society, it can also further institutionalize the procedure.
This programme works with governments, civil society organizations, networks of religious leaders, parliamentarians, youth and human rights activists, and academia to:. The Joint Programme recognizes that eliminating FGM requires communities to make a collective and coordinated choice so that no single girl or family is disadvantaged by the decision.
This approach has seen progress. Civil society organizations are implementing community-led education and dialogue sessions on human rights and health.
These networks are helping a growing number of communities declare their abandonment of FGM. A shift has occurred among religious leaders, many of whom have gone from endorsing the practice to actively condemning it. There has been a growing number of public declarations de-linking FGM from religion and supporting of abandonment of the practice. Health workers have been trained to treat complications caused by FGM, including the integration of FGM care into medical education curriculum.
Referral systems that build coordination between health providers and community actors and organizations have also been strengthened. Several countries have passed new national legislation banning FGM and developed national policies with concrete steps to achieve the abandonment of FGM.
Radio networks have aired call-in shows about the harm caused by FGM. The use of media to galvanize public opinion against the practice has helped change perceptions and transformed public perceptions of girls who remain uncut.
Penalties range from a minimum of six months to a maximum of life in prison. Several countries also include monetary fines in the penalty. The Programme of Action of the International Conference on Population and Development recognizes that violence against women is a widespread phenomenon. It states, "In a number of countries, harmful practices meant to control women's sexuality have led to great suffering.
The Programme of Action calls for "Governments and communities [to] urgently take steps to stop the practice of female genital cutting and protect women and girls from all such similar unnecessary and dangerous practices.
Steps to eliminate the practice should include strong community outreach programmes involving village and religious leaders, education and counselling about its impact on girls' and women's health, and appropriate treatment and rehabilitation for girls and women who have suffered cutting.
Services should include counselling for women and men to discourage the practice. Chapter 4, para 4. Most governments in countries where FGM is practiced have ratified international conventions and declarations that make provisions for the promotion and protection of the health of women and girls. For example:. The Universal Declaration of Human Rights proclaims the right of all human beings to live in conditions that enable them to enjoy good health and health care art.
Adopted by the General Assembly of the United Nations on 10 December , the Universal Declaration of Human Rights has five articles which together form a basis to condemn FGM: article 2 on discrimination, article 3 concerning the right to security of person, article 5 on cruel, inhuman and degrading treatment, article 12 on privacy, and article 25 on the right to a minimum standard of living including adequate health care and protection of motherhood. The Convention relating to the Status of Refugees defines who is a refugee, what their rights are, and explains the legal obligations of states.
Those fleeing the threat of FGM qualify for refugee status. The International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights condemn discrimination on the grounds of sex and recognize the universal right to the highest attainable standard of physical and mental health art.
The Convention on the Elimination of All Forms of Discrimination against Women requires State Parties to: "take all appropriate measure to modify or abolish customs and practices which constitute discrimination against women" art.
General recommendation 24 of the Convention emphasizes that certain cultural or traditional practices, such as FGM, carry a high risk of death and disability and recommends that State parties should ensure laws that prohibit FGM. General recommendation 14 recommends State parties take appropriate and effective measures to eradicate FGM; to collect and disseminate basic data on traditional practices; to support women's organizations that work for the elimination of harmful practices; to encourage politicians, professionals, religious and community leaders to co-operate in influencing attitudes; to introduce appropriate educational and training programmes; to include appropriate strategies aimed at ending FGM into national health policies; to invite assistance, information and advice from the appropriate organization of the United Nations system; and to include in their reports to the Committee, under articles 10 and 12 of the Convention, information about measures taken to eliminate FGM.
The Convention on the Rights of the Child protects against all forms of mental and physical violence and maltreatment art The Platform for Action of the Fourth World Conference on Women urges governments, international organizations and non-governmental groups to develop policies and programmes to eliminate all forms of discrimination against girls, including female genital cutting.
Article 4 focuses on integrity of the person, article 5 on human dignity and protection against degradation, article 16 on the right to health, and article 18 3 on the protection of the rights of women and children. The Addis Ababa Declaration on Violence against Women serves as an important step towards the formulation of an African charter on violence against women, providing the framework for national laws against FGM. The United Nations Social, Humanitarian and Cultural Committee approved a resolution that calls upon States to implement national legislation and policies that prohibit traditional or customary practices that damage the health of women and girls, including FGM.
Key Actions for the Further Implementation of the Programme of Action of the International Conference on Population and Development calls for governments to promote the human rights of women and girls and ensure their freedom from coercion, discrimination and violence, including harmful practices. It also calls for governments to ensure health providers are knowledgeable and trained to serve clients who have been subjected to harmful practices.
Further Actions and Initiatives to Implement the Beijing Declaration and Platform for Action recognizes the progress made in national efforts to ban FGM, and points out that discriminatory attitudes and norms continue to make girls and women vulnerable to gender-based violence, including FGM. It calls for governments to combat and eliminate violence against women. The European Parliament adopted a resolution on female genital mutilation calling for measures to protect survivors of the practice and urging member states to recognize the right to asylum for women and girls at risk of being subject to FGM.
European Parliament Resolution of 14 June focused on ending female genital mutilation. Demographic Perspectives on Female Genital Mutilation. Jacqueline Smith. All women and girls have the right to control what happens to their bodies and the right to say no to FGM. Help is available if you have had FGM or you're worried that you or someone you know is at risk. If you're a health professional caring for a patient under 18 who's had FGM, you have professional responsibilities to safeguard and protect her.
UK website. FGM is often performed by traditional circumcisers or cutters who do not have any medical training. But in some countries it may be done by a medical professional. Anaesthetics and antiseptics are not generally used, and FGM is often carried out using knives, scissors, scalpels, pieces of glass or razor blades. FGM often happens against a girl's will without her consent, and girls may have to be forcibly restrained.
FGM can make it difficult and painful to have sex. It can also result in reduced sexual desire and a lack of pleasurable sensation.
Talk to your GP or another healthcare professional if you have sexual problems that you feel may be caused by FGM, as they can refer you to a special therapist who can help. In some cases, a surgical procedure called a deinfibulation may be recommended, which can alleviate and improve some symptoms.
Some women with FGM may find it difficult to become pregnant, and those who do conceive can have problems in childbirth. If you're expecting a baby, your midwife should ask you if you have had FGM at your antenatal appointment. It's important to tell your midwife if you think this has happened to you so they can arrange appropriate care for you and you baby.
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