Female genital mutilation in Europe
An analysis of court cases - Study
This study develops a comparative overview of recent FGM(Female Genital Mutilation) court cases within the EU, as well as an exploratory survey of transnational movements in relation to FGM. The legal aspects of 20 recent criminal court cases in Europe are analysed, and evidence about transnational movement to have FGM performed is assessed. The report is based on data collected by country experts in eleven European countries. Data include court decisions, migration background of groups from FGM-practising countries in the host countries, the process of FGMreporting, and stakeholders’... proposals and opinions regarding FGM. The report addresses the general legal context or framework to fight FGM in the eleven countries, and it briefly analyses the impact that the embracing of the due diligence standard could have, as a consequence of the signature of the Istanbul Convention by all the countries in the report. A finding of our study is the fact that the responses given by different countries to FGM are modelled by disparities of public prosecution systems in Europe. Calling upon state parties to apply the Istanbul Convention and accordingly modify existing provisions that limit their jurisdiction over FGM cases (art. 44) could have an impact on such procedural disparities, although further research is needed in this area.
- Corporate author(s): Directorate-General for Justice and Consumers (European Commission)
- Personal author(s): Enege; Fondazione Giacomo Brodolini (FGB); Istituto per la Ricerca Sociale (IRS) Themes: Fundamental rights
- Subject: domestic violence , Europe , report , sexual discrimination , sexual mutilation , sexual violence , virtual community , woman , women's rights