From the Offences Against the Person Act 1861 to the Serious Crime Act 2015 - the Development of the Law Relating to Female Genital Mutilation in England and Wales

Ruth Gaffney-Rhys

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    Abstract

    Female genital mutilation (FGM) is defined by the World Health Organisation to include: ‘procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons.’ It is a practice that affects many females in England and Wales and as a result, specific legislation has been introduced to tackle it. This paper explores the development of the criminal and civil law relating to female genital mutilation in England and Wales. It discusses the advantages and disadvantages of the approaches adopted and considers whether they are effective. The paper concludes: that the creation of a specific criminal offence has proved to be ineffectual; that the introduction of civil FGM protection orders is a more appropriate and effective means of combatting the practice and that legal measures need to be supplemented by non-legal interventions.

    Original languageEnglish
    Article number1390287
    Pages (from-to)417-434
    Number of pages18
    JournalJournal of Social Welfare and Family Law
    Volume39
    Issue number4
    DOIs
    Publication statusPublished - 2 Oct 2017

    Keywords

    • Female Genital Mutilation
    • FGM
    • Human Rights
    • Criminal Law
    • Civil Law
    • Protection Orders

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