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Protecting child victims of Female Genital Mutilation (£)

Date:16 MAR 2015
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John Hayes QC Zenith Chambers

Female Genital Mutilation (FGM) is an act of physical and emotional abuse and a violation of the rights of the child. This article analyses the President's ruling in Re B and G (Care Proceedings: FGM) (No 2) [2015] EWFC 3 [2015] 1 FLR (forthcoming and reported at [2015] Fam Law 257) which addressed FGM in the context of care proceedings. The President re-emphasised that FGM is a 'barbarous' practice that is 'beyond the pale' and equivalent to forced marriage in the way that it dehumanises its victims. He rationalised the law’s prohibition of all forms of FGM on the one hand and its tolerance of male circumcision on the other. Both he found were 'significant' harm but whereas FGM could never be regarded as 'reasonable' parental care society and the law treat male circumcision as being 'reasonable'. Therefore FGM crosses the statutory threshold for state intervention but male circumcision...

Read the full article here.