FGM amounts to torture

The UN Special Rapporteur on Violence against Women has clearly stated that FGM amounts to torture. Their report “views cultural practices that involve pain and suffering and violation of physical integrity as amounting to torture under customary international law, attaching to such practices strict penal sanctions and maximum international scrutiny regardless of ratification of CEDAW or reservations made thereto.”

According to the 2008 Report of the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, FGM “can amount to torture if States fail to act with due diligence. It further stated that “even if a law authorizes the practice, any act of FGM would amount to torture and the existence of the law by itself would constitute consent or acquiescence by the State”.

A 2001 Resolution of the Council of Europe expresses concerns on the fact that FGM is practiced in Member States of the Council of Europe and denounces clearly a position of cultural relativism. It further declares that “genital mutilation should be regarded as inhuman and degrading treatment within the meaning of Article 3 of the European Convention on Human Rights, even if carried out under hygienic conditions by competent personnel.”

In monitoring States compliance to the Convention Against Torture (CAT), the UN Committee on CAT has paid particular attention to the issue of FGM. In its 2004-2005 Annual Report, the Committee has highlighted the positive development in the adoption of legislation in the UK.

UK was one of the first countries in Europe (after Sweden) to develop specific criminal law provisions against FGM. In 2004, it amended the ‘Prohibition of Female Circumcision Act of 1985’ to ‘Female Genital Mutilation Act 2003’, thereby changing the terminology. It also increased the penalties and introduced the concept of extraterritoriality (which enables prosecution of the practice of FGM when it is committed outside the borders of the country).