FGM and Asylum

The 1951 Geneva Conventions define a refugee as a person whom “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”. (Article 1)

The United Nations High Commissioner for Refugees (UNHCR) has clarified that this Convention is applicable to cases of gender-related persecution, which includes female genital mutilation. Thus, girls or women who fear being subjected to FGM and their parents who fear persecution for opposing a social norm are protected by the Convention to seek asylum outside their country of nationality.

Where a State expels or returns a girl or woman to a country where she would be subjected to FGM, it would be in breach of its obligations under international human rights law.

In May 2009, the UNHCR established detailed guidelines on how to treat claims for refugee status relating specifically to FGM (link below).

Within the European Union, the 2004 Council Directive on the qualification of asylum seekers defines ‘acts of a gender-specific or child-specific nature’ as a form of persecution. It therefore recognises that FGM constitutes a persecution qualifying for being granted refugee status.

The primary responsibility of protecting women and girls from mutilation lies with each country. However, if a woman or girl under genuine fear of being subjected to FGM flees a country where such protection is not provided by the state and arrives in the EU, it is vital that the member state fulfils its legal obligations and provides adequate protection.

Read the 'Guidance Note on Refugee Claims relating to FGM ’ developed by UNHCR in May 2009