The Rise of Female Genital Mutilation and the Legal Routes to Stopping it? (15 August 2023)

Female Genital Mutilation (FGM), which is sometimes referred to as female circumcision, is a form of torture disguised as a cultural practice which aims to discourage women from being sexually promiscuous. Some communities feel that FGM will prepare a girl for marriage and childbirth and girls whose mothers have undergone the procedure are most at risk of having FGM inflicted on them.

What does FGM Involve?

Female Genital Mutilation involves the partial or total removal of the external female genitalia usually through the use of a blade, knife or broken glass. FGM is an act of violence against women and a violation of a girl’s human rights. The objects used are often unsterilized, girls are not usually given anaesthetic and they are often physically restrained by being tied to a table or having an adult sit on them.

How Common is FGM?

The number of girls who have undergone Female Genital Mutilation (FGM) worldwide is expected to rise to 2.3 billion in 30 years, according to the World Health Organisation. The procedure is considered a ‘rite of passage’ in many cultures and the ceremony is traditionally and mostly performed during the holidays in December. There has been a recent move however away from the ritualistic and ceremonial associations with the practice towards the medicalisation of FGM. Campaigners fear that this trend helps to legitimise the practice and encourages chemists and unlicensed health clinics in African countries, where the practice is most common, to perform FGM in their backrooms. It is feared that it promotes the view that the practice has become safer, more hygienic, and cosmetic. However, the practice is a problem beyond Africa’s borders. In the UK, it is estimated that 137,000 girls have undergone FGM, despite it becoming unlawful in 1985.

In Kenya, where it is estimated that 75% of girls have been cut, cutters often view the practice as ‘quick and easy money’ charging on average £7 for every procedure. It is most commonly performed on girls between the ages of 0 to 15. Immediate symptoms include severe pain, shock and bleeding, infection and sometimes death as a result of the severe bleeding. The procedure causes ongoing torture throughout a woman’s life in that those who have undergone the procedure often suffer psychologically and experience extreme pain and trauma when having sexual intercourse or giving birth. They are also at risk of infertility, organ damage, difficulty urinating, infections, cysts, abscesses, ulcers and excess scar tissue.

How can we Help?

The practice of FGM became illegal in England and Wales in 1985. It is also illegal to remove a child from the UK in order to have the procedure done.

If your child or somebody you know is at risk of suffering FGM, we can assist you in obtaining a Female Genital Mutilation Protection Order (FGMPO). This will provide you with the legal protection against those that are threatening to perform the procedure. If required, we can make an urgent same day application to the court for an FGMPO.

An FGMPO is legally binding and prevents anyone taking the child at risk out of the country and gives the court the power to stop all passport and travel document applications in relation to the child at risk. It can also prevent individuals from making any arrangements for the FGM practice to take place in the UK.

Duncan Lewis Solicitors

Duncan Lewis Solicitors can advise you in relation to female genital mutilation. We stand with the law in condemning the procedures of female genital mutilation and are have specialist solicitors who represent parents, family members and children within FGM cases. Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel.

About the Author

Claire Wells is a Trainee Solicitor in the Family department at Duncan Lewis Solicitors, working in the Manchester office under the supervision of director Meena Kumari. Claire works within a team of solicitors, trainees and caseworkers in the day-to-day progression of cases involving public law children work, child contact matters, divorce, financial matters, Non-Molestation Orders and FGM Protection Orders.

For assistance on family matters, contact Claire via email at ClaireW@duncanlewis.com or via telephone on 02072752578