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Female Genital Mutilation: When Culture and Law Clash


ISBN13: 9780198864608
Published: January 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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Female genital mutilation (FGM) has garnered significant media, political and legal attention in the UK. Despite criminalising the practice in 1985, FGM continues undetected and often underground.

This monograph provides a unique insight into survivor's attitudes towards FGM as well as the criminalisation of a culturally embedded practice. Some of the narratives might be deeply uncomfortable as women sympathise and even uphold the practice, whilst others viscerally describe the trauma and pain that they endured. Digging deeper into efforts to eliminate FGM, professionals at the coalface of the end FGM movement provide their views on whether the practice can ever be eradicated. This volume explores the key themes that emerged from the well-publicised criminal trials in the UK and the barriers that prevent the law from working effectively. One of the obstacles that are examined further is the legal double standard in criminalising FGM whilst permitting female genital cosmetic surgery, which incites hostility and anger amongst FGM-performing communities.

Whilst ending FGM is imperative, this enlightening work reflects on the unintended consequences that stem from punitive efforts to criminalise a practice performed by often Black, migrant communities. Women describe their experiences of racism and Islamophobia in a context of police surveillance and hyperbolic media narratives.

In an effort of encouraging the abandonment of FGM, this publication highlights the need for the law to be accompanied by education initiatives at a grass-root level.

Subjects:
Human Rights and Civil Liberties
Contents:
Forewords (by Dr. Leyla Hussein and Dexter Dias QC)
Preface
Introduction
Overview of the Practice FGM
Four Types of FGM
Terminology
Complex Dynamics of FGM
Spoken Testimony About FGM
Chapter One: Women's Stories of Female Genital Mutilation
Introduction
Control of a Girl and Woman's Sexuality
Clash of Cultures: Maintaining Cultural Traditions in the UK
Religious Beliefs
Transgressing Social Norms and Breaking Taboos
Conclusion
Chapter Two: Criminalising Female Genital Mutilation
Introduction
Evolution of a Specific Criminal Offence for FGM
Criminalising A Cultural Practice
Four FGM Trials
Conclusion
Chapter Three: The Barriers to Criminalising FGM
Introduction
Awareness Raising: Anti-Female Genital Mutilation Laws
Women's Attitudes Towards Criminalising FGM
Questioning the Universal Label of Child Abuse
FGM, Race and Racism
Pushing FGM Underground
The Changing 'Types' of FGM
FGM Performed on Younger Girls
Medical Practitioners Perform FGM
FGM Performed Abroad
Conclusion
Chapter Four: Legal Hypocrisy: Female Genital Mutilation v Female Genital Cosmetic Surgery
Introduction
A Double Legal Standard?
What Women Really Think to FGCS
FGCS: Divergent Opinions Amongst Professionals
Conclusion
Chapter Five: A Novel Legal Remedy: Female Genital Mutilation Protection Orders
Introduction
Background to FGMPOs
The First Reported Family Law Case of FGM
Female Genital Mutilation Orders
The Interrelationship Between FGMPOs and Immigration Law
Conclusion
Epilogue
Appendices