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Two months on from the International Day of Zero Tolerance for Female Genital Mutilation (FGM), we find ourselves having to condemn a practice that many would be surprised to learn remains a prominent issue.
What is FGM?
While possibly having heard about it, it’s more than likely that most don’t actually know what FGM entails. The World Health Organisation (WHO) defines FGM as ‘all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons’.
While this may seem like a rather distant issue, it is actually a lot closer to home than we might think. In fact, a 2019 report by the Australian Institute of Health and Welfare, estimated that 53,000 girls and women now living in Australia have undergone FGM. Globally, the World Health Organisation predicts that more than 230 million have been affected.
In terms of the demographic, FGM is typically carried out on girls between infancy and 18 years of age, with 15 being the average. Its continued and contemporary practice is relatively limited to Asia, the Middle East and as the undisputed epicentre, Africa. Indeed, a staggering 60% of cases worldwide are accounted for by Africa alone.
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So with the fundamental information and statistics in mind, we naturally move to the why of it all; that is, why is FGM even practiced? Well, most commonly, FGM is conducted as part of the marriage ceremony and as a symbol of the transition from girlhood to womanhood. It is seen as a way to preserve femininity and modesty, ultimately ensuring premarital fidelity. Due to the deep-rooted cultural significance of the practice, it should hopefully become clear why education and awareness on the ground will be crucial to combat the persistence of FGM.
Apart from the obviously problematic societal consequences, namely, perpetuating the systematic oppression and abuse of women, there are also significant health related consequences that develop from FGM. It must be made clear from the outset that there are unequivocally no health benefits to this practice. On the contrary, it leads to both short term and lifelong psychological, physical and sexual health complications. To name just a few, most girls will experience post-traumatic stress disorder, infection, chronic pain and increased risk associated with childbirth. Most harrowing of all, FGM is a silent killer. A girl will die every 12 minutes as a result of FGM, with the global annual death toll estimated to be over 44,000. In Africa, the practice is the 4th biggest cause of death in women and girls.
The Challenges of Fighting FGM
In order to show true commitment to the rights of women and girls everywhere, the day must come where a worldwide ban on FGM and associated practices is possible. Unfortunately, there remain a number of obstacles in the way which must be addressed before we will see that day. Indeed, there is still controversy surrounding whether international human rights should even be promoting cross-cultural engagement to combat FGM.
To those from Western cultures, it may feel rather mind-boggling as to why there are challenges or objections to such a brutal practice. However, it is important to remember that practices like FGM are deeply enshrined in culture and society, and require a more nuanced understanding than just a knee-jerk reaction to name and shame. Indeed, the West does not always mean best and African people have actually raised objections to the imposition of Western ideals and understandings of ‘female genital mutilation’, even of the very name itself. There is an overwhelming sense that it implies a deliberate attempt to hurt family and community members, misconstruing its purpose and eliciting misguided and inappropriate reactions. For us, FGM is simply a a gross violation of human rights which functions as one of, if not the most, extreme forms of gender discrimination. It is true that this Western view of FGM is quite cut and dry, but in being so, it runs the risk of vilification where it may not be warranted.
As such a unique intersection of culture, gender and race in human rights, FGM poses some rather complex questions. For example, ‘If FGM is a patriarchal violation of the fundamental human rights of women, how should international law respond to the fact the FGM is practiced by women on women and girls?’
Now this is where the complexities rear their heads and circular arguments start to form. If we reject a universalist approach to FGM, that is, a ‘one-size fits all’ approach, cultural relativism may instead be exploited by states as a way to excuse the oppression and abuse of women through ‘cultural’ practices like FGM.
Another interesting argument worth considering is the emerging double standard and legal hypocrisy associated with the rise of female genital cosmetic surgery (FGCS) in the West. While it may initially seem problematic to conflate the two, there are actually a number of valid arguments to the contrary. First of all, conceptually or medically the two are really quite similar. Indeed, they share potential short and long term complications, both psychological and physical.
Where some may say that FGM is discordantly rooted in controversial cultural ideals of femininity and purity, cannot the same be said for cosmetic surgery? While it may be described as a form of ‘empowerment’, the motivation behind FGCS stems also from societal expectations, particularly, the inescapable pressure to conform to hegemonic standards of beauty, typically for the sexual gratification of men.And so, if these practices are indeed so similar, how can we justify the disparities in their legal status? This dilemma has even been used as an argument for the decriminalisation and medicalisation of FGM. While an interesting argument, the sentiments are relatively flawed, specifically when considering the issue of consent. Again,we find ourselves in another vicious circular argument, the problematic and inherently racist double standard and assumption that women of colour cannot ‘willingly’ consent to such an act. Perhaps, what remains most important to remember here, is that the average age of girls undergoing FGM is 15.
The Future of FGM
With an appreciation for the challenges of fighting the practice, the final step is to question how we can change the trajectory of FGM for good.
There are already a number of relevant domestic laws in place which serve to protect those most vulnerable. In Victoria for example, the Crimes Act 1958 (Vic) directly prohibits FGM while the Children, Youth and Families Act 2005 (Vic) may indirectly function to protect young girls who have been subjected to, or are at risk of being subjected to the practice.
Across the way, the UK has taken further steps in protecting against FGM. In 2003, the Female Genital Mutilation Act 2003 came to be, providing a comprehensive, contextualised authority on FGM criminalisation, instead of assessing cases in isolation. In practice, this legislation however, has had some difficulties. These have included identifying victims, conducting medical examinations, persuading witnesses to give evidence and of course, gaining the trust of young women when asking them to give evidence against their own family.
On a global scale, FGM is indeed recognised as a violation of human rights in international law. However, the efficacy of international law, as always, is questionable and the challenges surrounding enforceability are blaring. Indeed, as the statistics show, prevalence remains unacceptably high across the globe. As touched on earlier, what we need is to start on the ground. Appropriate, accessible strategies for countries where FGM is epidemic will likely prove the most effective and efficient way forward. A strong educational focus and awareness of the consequences of FGM in communities is key to changing attitudes and addressing the problem at the root. Charities like the Orchid Project as well as the work done by WHO and UNICEF are great examples of this and will continue to be instrumental in the future.
We even have the statistics to back up just how effective education can be. Indeed, opposition to FGM is unsurprisingly highest in women and girls who have a higher level of education, similarly, educated mothers are less likely to subject their daughters to it.
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Looking Ahead
The international community is presented with a rather colossal and complex task. Achieving justice for victims as well as prevention and protection for future generations will be contingent upon a befitting, bottom-up approach. Hopefully, by starting on the ground and addressing the problem with those most affected, we will be able to overcome the considerable challenges ending FGM faces. Unity and understanding of the cultural nuances that exist around such a sensitive practice will be imperative to achieving the end goal – dismantling FGM from the inside out.
Jasmine Psomas
Jasmine is a 5th year Law and Biomedical Science student and returning member of the Pivot team. She loves learning just about anything, including things like history and mythology but of course also getting to learn about the prominent challenges in law and international relations during her time at university. Outside of studying, you can find her reading anything from Harry Potter to Pride and Prejudice and everything else in between!