Female Circumcision

On Fausta’s blog (via Myrtus) a report on an Ethiopian man who has been sentenced to 10 years in prison for mutilating his 2 yr old daughter with a pair of scissors. Interesting is that while laws exist against FGM, he was sentenced for aggravated battery and cruelty to children, not under anti-FGM laws since the crime took place prior to the enactment of the laws.

One of this main discussions in this field is how to prosecute FGM (if at all). Do we need a special law against it or do the existing laws suffice? Problem with the former is that the evidence must me much more specific then in the latter case. Problem with the latter is that people feel we have to give a strong message and you don’t do that when FGM is considered to be the same as battery. In the Netherlands a study has been conducted that highlights several aspects of FGM by Bartels, Van der Kwaak, De Vries and Meuwese:

This report is the result of a study conducted by the Vrije Universiteit, Amsterdam, and Defence For Children International, Dutch division, and assigned by the Dutch Ministry of Social Affairs and Labour, The Hague, the Netherlands. The assessment aimed at finding feasible legislative measures and good preventive strategies regarding the situation of girl’s circumcision in the Netherlands.

After the arrival of Somali migrants in the Netherlands at the beginning of the nineties public attention has been given to the practice of girl’s circumcision. Medical professionals started discussing related health questions and medical ethical perspectives. Somalis, among other groups, traditionally perform infibulation of girls, which is regarded as the most severe type of circumcision. Rumours are spread that many Somali migrants still adhere to the ancient practice of circumcising their girls. So far, only information and education programmes focusing on the Somalis migrants have been developed. Hardly any attention has been given to other ethnic groups who practise similar or less severe types of girl’s circumcision.
For this report interviews were held with people of four migrant groups, Eritreans, Somalis, Egyptians and Sudanese living in the Netherlands. From all four groups, there were people telling of fellow-migrants who circumcise their daughters for various reasons. Almost everybody knew that under Dutch law girl’s circumcision is not permitted, however, the practice prevails.

It has been reported that girls are circumcised during school holidays in their homeland countries. It is said that girls are taken abroad for circumcisions, to their home country or to neighbouring countries. Also rumours of circumcisions executed in the Netherlands are known. It is remarkable that informants, even highly educated individuals, are not recognising the possible health hazards of girl’s circumcision. There is a need for more information and education on this issue.

This research compared the legislative measures in the Netherlands with those in other European countries, that is, Germany, United Kingdom, France, Belgium, Sweden, Italy. Dutch law offers possibilities to address girl’s circumcision as a form of child abuse. When thinking in terms of child abuse, a lot of social interventions are possible. These interventions are not possible when girl’s circumcision is seen as a specific criminal act. The latter turns out to be a rather ‘symbolic’ legislative measure. In Europe, the only country where cases of girl’s circumcision have been brought to court is France. In France, girl’s circumcision can be tried under general law as child abuse and not as a specific criminal act. In all the other countries of this study girl’s circumcision is regarded as a specific criminal act. None has brought forward a court case.

Nevertheless, some recommendations in terms of Dutch legislation can be suggested. Girl’s circumcision performed abroad cannot be tried in the Netherlands if the action is not regarded a legal crime in the country where the action has taken place. Dutch legislation knows the principle of double criminality for crimes committed abroad. This principle needs further elaboration in order to legally address such cases of girl’s circumcision.
Social intervention to prevent girl’s circumcision is not concerted in Dutch society. This study shows that prevention consists of a rather diffuse, not coherent range of activities by individuals and organisations. Health professionals have several moments of contact with women and children ‘at risk’. Yet, only gynaecologists are actually discussing circumcision with the already circumcised women in order to prevent a continuation of this harmful practice. General practitioners, the ‘gatekeepers’ of the Dutch health care system, are either not willing to talk about it, overloaded with work, or lacking the tools to discuss the practice openly. Other professionals are willing to address the matter at an individual level but they are not competent enough to do so in a constructive way. In medical and paramedical curricula girl’s circumcision is irregularly addressed, usually depending on the lecturer’s personal interest. There is no standard treatment protocol.

In the Netherlands, the international NGO World Population Foundation informs the general Dutch public. Pharos, a centre of knowledge for refugees and health, focuses mainly on the Somali community. Most other activities funded by the Dutch Government are directed towards the African countries or the formulation of international UN declarations. The Dutch are participating in several European and International assemblies and networks focusing on the eradication of female genital mutilation. The latter seems to be of little influence for the Dutch nationals and migrants in the Netherlands. In general, different discourses can be found with respect to girl’s circumcision. For the Netherlands, a combination of the health and human rights discourse seems the most feasible approach.

The study suggests slight adaptations in the Dutch Law. Moreover, girl’s and female circumcision, including re-infibulation, should be made a standardised topic in curricula and protocols of health professionals. More research is necessary on how ethnic groups practising girl circumcision combine this tradition with a life in a European country. Most important is a co-ordination effort for the various activities concerning girl’s circumcision in the Netherlands. Preferably this is done in form of a Focal Point, where different representatives of professional groups, as well as migrant groups, can discuss the matter, inform their migrant fellows and co-ordinate their activities. Such a focal point should be accessible for anyone who has an urgent question in this matter through the internet or by phone and should offer the possibility of consultation by phone and face tot face.

Back to the US case now. What struck me immediately is that it is a man who is convicted. It is usually women who perform this ritual and very often older women. The father and the mother might have known, difficult to assess probably, but did they do it? I find it strange. See also at Gates of Vienna for more important questions with regard to this case. FGM should be banned in a number of ways, but blaming the wrong person does not help (if that is indeed the case).