Female Genital Mutilation
Criminal Justice (Female Genital Mutilation) Act 2011
Information on Female Genital Mutilation
Female genital mutilation is defined as the partial or total removal of the external female genitalia, or any practice which purposely alters or injures the female genital organs for non-medical reasons. It is a form of violence against women and the type of FGM performed varies with ethnicity and region.
WHO estimates that between 100 and 140 million women and girls worldwide have undergone FGM. In Ireland, relevant population data from the 2006 Irish Census was used by AkiDwA (an Irish organisation for the support of African and migrant women) to collate an estimate of 3,170 women (calculated by country of origin and age group) who are resident in Ireland and living with FGM.
FGM is an internationally recognised human rights violation of women and girls. The practice has been strongly denounced by the World Health Organization (WHO), the United Nations Population Fund (UNFPA), and other international medical and health organisations as a violation of numerous human rights treaties and contrary to medical ethics. FGM is a serious child protection and women’s health issue that has real implications for children and women in Ireland. The most common age when FGM is performed is between four and ten years, though this can vary from birth until first pregnancy.
FGM has no health benefits and involves removing and/or damaging healthy and normal body tissue. Its short term consequences can include: death; haemorrhage; shock from severe pain and bleeding; transmission of HIV and other viruses. In the long-term, complications can include gynaecological problems, obstetrical complications, increased maternal or neo natal mortality and psychological trauma.
New Legislation
On 2nd April the President signed into law the Criminal Justice (Female Genital Mutilation) Act 2012. The Act commenced on 20th September 2012.
This Bill explicitly prohibits Female Genital Mutilation along with related offences - some of which apply to certain extra-territorial jurisdictions. The Act also creates an innovative offence of removal from the State of a girl for the purpose of FGM. The legislation takes a human rights perspective and stipulates that the right to practice one's cultural traditions and beliefs cannot be used to justify FGM, which has been internationally recognised as a form of gender-based violence. A defense of custom or ritual in proceedings is not permitted; neither is a defense that the girl/woman or her parents/guardian consented to FGM. Punishment is up to 14 years imprisonment and/or a fine; for a summary conviction, the penalty is a fine of up to €5,000 and/or imprisonment for up to 12 months or both.
The HSE is planning to print information leaflets on the new legislation. It is also planned that the prevention of FGM and the care of women who have already undergone the procedure will be included in the HSE Service Plan for next year as a Key Result Area and this would allow for the development of a Key Performance Indicator in subsequent year.
The HSE’s latest initiative in this field is the introduction of National Maternity Healthcare Record this year. This new form will be used for all women booking for maternity care and includes for the first time at a national level FGM as a risk factor for obstetric care.
