世界发展银行-Compendium-of-International-and-National-Legal-Frameworks-on-Female-Genital-Mutilation,-Fourth-Edition_174页_2mb

Summary of Compendium of International and National Legal Frameworks on Female Genital Mutilation/Cutting

Core Content

The Compendium of International and National Legal Frameworks on Female Genital Mutilation/Cutting (4th edition, February 2020) is a reference document compiled by the World Bank to provide an overview of the legal instruments that address the issue of Female Genital Mutilation (FGM/C). It serves as a tool for development practitioners, legal professionals, community leaders, and others working to eliminate FGM/C. The Compendium is not exhaustive and may be updated periodically to reflect new developments.

Main Views and Key Information

1. International Legal Frameworks

The Compendium outlines several international treaties and declarations that address FGM/C, emphasizing its classification as a form of violence against women and girls.

• Universal Declaration on Human Rights (UDHR)

  • Article 1: All human beings are born free and equal in dignity and rights.
  • Article 2: Equality before the law, without discrimination.
  • Article 3: Right to life, liberty, and security.
  • Article 5: Prohibition of torture and cruel treatment.
  • Article 7: Equal protection under the law.
  • Article 24: Protection of children, including registration and nationality.
  • Article 26: Equal rights under the law for all persons.

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

  • Article 2: Prohibition of torture, including through effective legislative measures.
  • Article 2: No justification for torture in any circumstances.
  • Article 3: Prohibition of torture by superior officers or public authorities.

• International Covenant on Civil and Political Rights (ICCPR)

  • Article 2: Equal enjoyment of civil and political rights.
  • Article 3: Right to life.
  • Article 6: Prohibition of arbitrary deprivation of life.
  • Article 7: Prohibition of torture and cruel treatment.
  • Article 24: Protection of children’s rights.

• International Covenant on Economic, Social and Cultural Rights (ICESCR)

  • Article 12: Right to the highest attainable standard of health, including the prevention of harmful practices.

• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

  • Article 1: Defines discrimination against women.
  • Article 2: States that states must eliminate discrimination and ensure equality in all spheres of life.

• CEDAW General Recommendations:

  • No. 14: Addresses female circumcision and its implications.
  • No. 19: Focuses on violence against women.
  • No. 24: Highlights women’s access to health services.
  • No. 32: Discusses gender-related dimensions of refugee status and nationality.
  • Joint General Recommendation No. 31: Combines CEDAW and CRC to address harmful practices.
  • No. 34: Focuses on rural women’s rights.
  • No. 35: Updates on gender-based violence against women.

• Convention on the Rights of the Child (CRC)

  • Article 13: Right to freedom of expression.
  • Article 16: Protection of children from harmful practices.
  • General Comment No. 13: Emphasizes the right of the child to freedom from all forms of violence.

2. Regional Legal Frameworks

• African Charter on Human and Peoples' Rights (Banjul Charter) and Maputo Protocol:

  • Address human rights and gender equality, including the prohibition of FGM/C.

• African Charter on the Rights and Welfare of the Child:

  • Focuses on the rights of children, including protection from harmful practices.

• European Convention on Human Rights (ECHR):

  • Provides a framework for protecting human rights, including the right to life and freedom from torture.

• Istanbul Convention:

  • Aims to prevent and combat violence against women and domestic violence.

• Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belém do Pará Convention):

  • Focuses on the prevention of violence against women, including FGM/C.

• Charter of Fundamental Rights:

  • Applies to the European Union and includes protections against violence and discrimination.

3. Consensus Documents

• Beijing Declaration and Platform for Action:

  • Emphasizes gender equality and the elimination of harmful practices.

• General Assembly Declaration on the Elimination of Violence against Women:

  • Calls for international cooperation to eliminate violence against women, including FGM/C.

• Programme of Action of the International Conference on Population and Development (ICPD):

  • Promotes the rights of women and girls, including protection from harmful practices.

• 2030 Agenda for Sustainable Development (SDG 5):

  • Includes a target to eliminate all harmful practices against women and girls, including FGM/C, by 2030.

• General Assembly Resolutions:

  • A/RES/67/146 (2012): Encourages global efforts to eliminate FGM/C.
  • A/RES/73/582 (2018): Reinforces the commitment to end FGM/C by 2030.
  • A/RES/73/582: Also calls for observing 6 February as the International Day of Zero Tolerance for FGM/C.

4. National Legal Frameworks

The Compendium covers legal frameworks from various regions, focusing on countries where FGM/C is practiced and where specific laws have been enacted to prohibit it.

• Africa:

  • Includes 35 countries such as **Benin, Burkina Faso, Cameroon, Chad, Comoros, Congo, Côte d'Ivoire, Djibouti, Democratic Republic of Congo, Eritrea, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Mali, Mauritania, Mozambique, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Africa, Sudan, South Sudan, Tanzania, Togo, Uganda, Zambia, and Zimbabwe.

• Asia-Pacific:

  • Includes Australia (various states), New Zealand, India, Pakistan, and Philippines.

• Europe:

  • Includes Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Spain, Sweden, and Switzerland.

• Latin America and the Caribbean:

  • Includes Brazil, Colombia, Mexico, Panama, Peru, and Trinidad and Tobago.

• Northern Africa and the Middle East:

  • Includes Algeria, Bahrain, Egypt, Iran, Iraq, Kuwait, and Yemen.

• North America:

  • Includes USA (federal and state laws) and Canada.

5. Legal Definition of FGM/C

FGM/C refers to all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. It is classified into four types:

• Type I: Partial or total removal of the clitoris and/or its prepuce (clitoridectomy).
• Type II: Partial or total removal of the clitoris and labia minora, with or without excision of the labia majora (excision).
• Type III: Partial or total removal of the clitoris and labia minora with the cutting, appositioning, and stitching of the cut areas, leaving a small opening (infibulation).
• Type IV: All other harmful procedures to the female genitalia for non-medical purposes, such as pricking, piercing, incising, scraping, cauterization, or introduction of corrosive material.

6. Impact of FGM/C

• FGM/C is a form of violence against women and girls, with severe physical, psychological, and social consequences.
• It can lead to death, complications during childbirth, and long-term health issues.
• It affects the development potential of women and girls and undermines efforts to achieve gender equality and end extreme poverty.

7. Limitations of the Compendium

• The Compendium is a working document and not exhaustive.
• It only includes countries where FGM/C is practiced and where laws have been enacted to prohibit it.
• It excludes countries where FGM/C is either not documented or not prohibited by law.
• It does not reflect the views of the World Bank or its affiliated institutions.
• It is based on publicly available information and may include outdated or incorrect data.
• The World Bank does not guarantee the accuracy of the content or the links provided.