Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
emma.reitano@lexisnexis.co.uk.
Protecting child victims of Female Genital Mutilation (£)
© Copyright LexisNexis 2025. All rights reserved.
John Hayes QC Zenith ChambersFemale 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 does not. Underlying this is a wider ethical debate. Some argue that the same objections to FGM apply equally to...
Read the full article here.
