Evidence of law(s) prohibiting FGM

Data Calculation:

This indicator is qualitative and determined through a review of relevant laws.

Data Sources:

Legal statutes, policies, resolutions found in Ministry of Justice or other relevant government documents; regular updates of the United Nations Office of Legal Affairs; policy database maintained by the Office of the United Nations High Commissioner for Human Rights (OHCHR); analyses conducted by the nongovernmental organization (NGO) 28 Too Many, which has produced a detailed analysis of laws and recommendations for each country where FGM is practiced (https://www.fgmcri.org/thematic/law-and-fgm/). Finally, the World Bank updated the Compendium of International and National Legal Frameworks on FGM in 2020; all national legal frameworks on FGM are compiled (World Bank, 2021).

Purpose:

Issues:

This indicator measures the existence of laws prohibiting FGM but not the implementation or enforcement of the laws. Legal measures that follow international standards are important, but allocating financial and technical resources, along with political will, to enforce them are also necessary. Imposing sanctions alone runs the risk of driving the practice underground and having a very limited impact on behavior. The laws should be linked to the broader process of social change accompanied by information and other measures that promote increased public support for ending the practice. The amendment, adoption, and enforcement of laws should be done in consultation with community and religious leaders and other civil society representatives. Mechanisms should be established to review and assess the enforcement of the laws regularly (UNAIDS et al., 2008).

FGM has been recognized as discrimination based on sex because it is rooted in gender inequalities and power imbalances between men and women and inhibits women’s full and equal enjoyment of their human rights. It is a form of violence against girls and women, with physical and psychological consequences. International conventions and protocols explicitly recognize that practices harmful to women and girls, such as FGM, violate their human rights to life, liberty, and security of the person (Center for Reproductive Rights, 2008). When countries sign on to these conventions or enact their own laws criminalizing FGM, it is an acknowledgment that FGM is a form of gender-based violence that must be abandoned.

Similar Indicator:

Female Genital Mutilation Legislation Index. The index is based on a review and comparison of laws and treaty obligations, and results in a score ranging from 1 – 12; with a score of zero if no legislation exists. The index can be used to measure progress of a program when assessed at baseline and periodically as needed throughout the duration of the program.

References: