世界发展银行-Compendium-of-International-and-National-Legal-Frameworks-on-Female-Genital-Mutilation,-Fifth-Edition_180页_2mb

Summary of Compendium of International and National Legal Frameworks on Female Genital Mutilation/Cutting (Fifth Edition, February 2021)

Core Content

This document provides a comprehensive overview of the international, regional, and national legal frameworks aimed at prohibiting and eliminating Female Genital Mutilation/Cutting (FGM/C), a harmful practice affecting at least 200 million women and girls globally. It is intended as a reference tool for development practitioners, legal professionals, community leaders, and researchers working on the issue of FGM/C.

Main Theorems and Legal Frameworks

International Legal Frameworks

• Universal Declaration on Human Rights (UDHR): Recognizes the right to physical and mental integrity, which is violated by FGM/C.
• Convention against Torture (CAT): Prohibits FGM/C as a form of torture and cruel treatment.
• International Covenant on Civil and Political Rights (ICCPR): Protects the right to life, health, and freedom from torture.
• International Covenant on Economic, Social and Cultural Rights (ICESCR): Supports the right to health and protection from harmful practices.
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): Explicitly addresses FGM/C as a form of gender-based violence and discrimination.
  • General Recommendation No. 14: Defines FGM/C and calls for its elimination.
  • General Recommendation No. 19: Focuses on violence against women, including FGM/C.
  • General Recommendation No. 35: Updates the understanding of gender-based violence against women.
• Convention on the Rights of the Child (CRC): Protects children from harmful practices, including FGM/C.
  • General Comment No. 13: Emphasizes the child's right to freedom from all forms of violence.
• Joint General Recommendation No. 31: Combines CEDAW and CRC to address harmful practices like FGM/C.
• General Assembly Resolutions:
  • A/RES/67/146 (2012): Calls for global efforts to eliminate FGM/C.
  • A/RES/73/582 (2018): Reinforces the commitment to end FGM/C by 2030.
• Other International Instruments:
  • Istanbul Convention: A Council of Europe treaty to prevent and combat violence against women and domestic violence.
  • Belem Do Para Convention: Focuses on violence against women in Latin America and the Caribbean.

Regional Legal Frameworks

• African Charter on Human and Peoples' Rights (Banjul Charter) and Maputo Protocol: Address FGM/C as a violation of human rights and promote its elimination.
• African Charter on the Rights and Welfare of the Child: Protects children from harmful practices.
• European Convention on Human Rights (ECHR): Provides a legal basis for combating FGM/C.
• Charter of Fundamental Rights of the European Union: Supports the rights of women and children against FGM/C.

Consensus Documents

• Beijing Declaration and Platform for Action: Highlights the importance of eliminating harmful practices like FGM/C.
• General Assembly Declaration on the Elimination of Violence against Women: Calls for legal and social measures to end FGM/C.
• Programme of Action of the International Conference on Population and Development (ICPD): Encourages the elimination of harmful practices.
• 2030 Agenda for Sustainable Development: Includes SDG 5, which aims to eliminate all harmful practices against women and girls by 2030.
• Ouagadougou Call to Action (2018): A regional initiative to combat FGM/C in Africa.
• European Parliament Resolution (2018): Calls for zero tolerance of FGM/C.

National Legal Frameworks

The document outlines the legal measures taken by various countries to ban FGM/C, including:

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, Guinea-Bissau, Kenya, Liberia, Malawi, Mali, Mauritania, Mozambique, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Africa, Sudan, South Sudan, Tanzania, Togo, Uganda, Zambia, Zimbabwe.

Asia-Pacific

• Australia (New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria, Western Australia)
• New Zealand
• India
• Indonesia
• 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 and the Caribbean

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

Northern Africa and Middle East

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

North America

• USA: Federal law and state-specific legislation in various states (e.g., Arizona, Arkansas, California, Colorado, etc.)
• Canada

Key Information

• FGM/C is classified into four types, all of which are harmful and performed for non-medical reasons.
• The practice leads to severe physical and psychological consequences, including death, infections, complications during childbirth, and long-term mental health issues.
• The World Bank emphasizes that FGM/C is a significant barrier to gender equality and sustainable development.
• The document serves as a dynamic reference and may be updated to reflect new legal developments.
• It is a collaborative effort involving legal experts, researchers, and activists from various countries and organizations.

Conclusion

This compendium is a valuable resource for understanding the legal landscape surrounding FGM/C. It highlights the global and regional legal instruments and national laws that aim to eliminate this harmful practice, underscoring the importance of legal empowerment in achieving gender equality and improving the health and well-being of women and girls.