Failure to Protect Girls from Female Genital Mutilation

AuthorSam Fowles,Theodora A. Christou
Date01 October 2015
Published date01 October 2015
DOI10.1177/0022018315603593
Subject MatterArticles
Article
Failure to Protect Girls from
Female Genital Mutilation
Theodora A. Christou and Sam Fowles
Queen Mary University of London
Abstract
Whilst FGM had been a crime in the UK for over 2 decades, over 60, 000 girls continued to be
mutilated. In 2015 the UK took its international obligations to protect girls from such physical
harm more seriously and enacted new legislation. This article focuses on the parental respon-
sibility to protecttheir daughter from harm and their criminal liability if theyfail to take adequate
action to prevent the mutilation occurring. We explore the socio-legal setting, the gaps in the
law, the state’sinternational obligations and finally thenewly introduced rebuttablepresumption.
Keywords
Female Genital Mutilation, rebuttable presumption, failure to protect, reverse burden, human
rights, discrimination, violence against women
Introduction
Female genital mutilation (FGM)
1
is in violation of both international and domestic law.
2
International
law imposes positive obligations on the UK,
3
whilst FGM is prohibited by English criminal law.
4
Despite this, there has yet to be a successful prosecution for FGM, even though there are an estimated
60,000 victims residing in the UK, with an estimated further 20,000 girls at risk every year.
5
Corresponding author:
Dr Theodora A Christou, Queen Mary University of London and the Bar Human Rights Committee of England and Wales.
Email: t.a.christou@qmul.ac.uk
1. WHO, Classification of Female Genital Mutilation. Available at: http://www.who.int/reproductivehealth/topics/fgm/overview/
en/ (accessed 15 January 2015).
2. Cf. art. 2(a) of the UN General Assembly Resolution Prohibiting Violence Against Women And Girls A/RES/48/104 (20
December 1993); UN General Assembly Resolution on Traditional or Customary Practices Affecting the Health of Women and
Girls, Report of the Third Committee (30 January 2002) A/RES/56/128; UN General Assembly Resolution on Traditional or
Customary Practices Affecting the Health of Women and Girls, Report of the 3 rd Committee (7 February 2000) A/RES/54/133;
3. UN General Assembly Resolution on Intensifying Efforts To Eliminate FGM A/RES/67/146, 5 March 2013.
4. FGMA 2003.
5. NHS Choices, ‘Female Genital Mutilation’. Available at: http://www.nhs.uk/Conditions/female-genital-mutilation/Pages/
Introduction.aspx (accessed 15 January 2015).
The Journal of Criminal Law
2015, Vol. 79(5) 344–357
ªThe Author(s) 2015
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DOI: 10.1177/0022018315603593
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