2018年-世界发展银行全球_Compendium_on_International_and_National_Legal_Frameworks_on_Female_Genital_Mutilation_162页_2mb

Summary of the 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 (FGM/C) is a reference tool prepared by the World Bank to provide an overview of the legal frameworks at international, regional, and national levels aimed at prohibiting and eliminating FGM/C. It serves as a practical resource for development practitioners, legal professionals, community leaders, and others working to combat this harmful practice.

Main Purpose

The Compendium was developed to support the global effort to end FGM/C, which is recognized as a form of violence against women and girls. It highlights the legal instruments that define, prohibit, and address FGM/C, emphasizing the importance of legal empowerment in achieving this goal.

Key International Legal Instruments

1. Universal Declaration on Human Rights (UDHR)

• Article 1: All humans are born free and equal in dignity and rights.
• Article 2: Equal rights and freedoms for all, regardless of sex or other status.
• Article 3: Right to life, liberty, and security.
• Article 5: Prohibition of torture and cruel treatment.
• Article 7: Equality before the law and protection against discrimination.

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

• Article 2: Prohibits torture and requires states to take measures to prevent it.
• Article 2(2): No justification for torture, even in exceptional circumstances.
• Article 2(3): No justification for torture based on orders from superiors or authorities.

3. International Covenant on Civil and Political Rights (ICCPR)

• Article 2: Ensures equal enjoyment of civil and political rights.
• Article 3: Guarantees equal rights for men and women.
• Article 6: Prohibits arbitrary deprivation of life and ensures the right to life.
• Article 7: Prohibits torture and cruel treatment.
• Article 24: Protects children's rights, including registration and nationality.

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

• Article 12: Recognizes the right to the highest attainable standard of health.
• Article 12(2): Includes measures for the prevention and treatment of diseases, including those related to FGM/C.

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

• Article 1: Defines discrimination against women as any distinction, exclusion, or restriction based on sex.
• Article 2: Requires states to eliminate discrimination and ensure equality.
• Article 3: Mandates measures to ensure the full development and advancement of women.
• Article 5: Promotes the elimination of stereotypes and customary practices that perpetuate discrimination.
• Article 10: Encourages coeducation and the revision of educational materials to combat gender bias.

Regional Legal Frameworks

The Compendium also includes regional legal instruments that address FGM/C, such as:

• African Charter on Human and Peoples' Rights (Banjul Charter) and Maputo Protocol
• African Charter on the Rights and Welfare of the Child
• European Convention on Human Rights
• Istanbul Convention (Council of Europe)
• Belem Do Para Convention (Inter-American)
• American Convention on Human Rights (Pact of San Jose, Costa Rica)

These frameworks reinforce the global stance against FGM/C and provide regional-specific legal approaches to its prevention and eradication.

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: Recognizes FGM/C as a form of violence against women.
• Programme of Action of the International Conference on Population and Development (ICPD): Supports the elimination of harmful practices.
• 2030 Agenda for Sustainable Development (SDG 5): Includes a target to eliminate all harmful practices against women and girls by 2030.

National Legal Frameworks

The Compendium lists legal provisions from various countries that prohibit FGM/C:

Africa

• Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo Republic, Côte d'Ivoire, Djibouti, Democratic Republic of Congo, Eritrea, Ethiopia, Gambia, Ghana, Guinea-Bissau, Kenya, Liberia, Malawi, Mali, Mauritania, Senegal, Somalia, South Africa, Sudan, South Sudan, Tanzania, Togo, Uganda, Zambia, Zimbabwe

Asia-Pacific

• Australia (New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria), New Zealand, India, Pakistan, Philippines

Europe

• Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, United Kingdom (England, Wales, Northern Ireland), Scotland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland

Latin America

• Brazil, Colombia, Mexico, Panama, Peru

Northern Africa and Middle East

• Algeria, Bahrain, Egypt, Iran, Iraq, Kuwait, Yemen

North America

• United States (various states), Canada

Key Information

• FGM/C is defined as procedures involving the partial or total removal of female genitalia or other injury for non-medical reasons.
• It is classified into four types: Type I (clitoridectomy), Type II (excision), Type III (infibulation), and Type IV (other harmful procedures).
• FGM/C has severe physical and psychological consequences, including pain, infections, complications during childbirth, and even death.
• The World Bank acknowledges that the Compendium is not exhaustive and may be updated.
• It includes over 300 hyperlinks to treaties, laws, and documents, all of which were active at the time of publication (January 2018).
• The absence of a country from the list does not imply the absence of FGM/C but rather that the practice is either inconsistent, marginal, or not legally prohibited.

Conclusion

This Compendium is a valuable resource for understanding the legal landscape surrounding FGM/C. It underscores the global and regional commitment to ending this harmful practice through legal frameworks and serves as a tool for advocacy, policy development, and legal reform.