How Western civilized countries could eradicate FGM

introduction

As a result of this article proposes that Australia’s legislation regarding Female Genital Mutilation should be revised, since criminalization, as a means of eradicating (FGM), is ineffective. Education and collaboration between immigrants from countries where female genital mutilation is customary is the most effective way to combat the practice of female genital mutilation. A cultural bias of Australians’ insinuations of (FGM) practices has created an environment of poor data collection, making it impossible to achieve the primary goal of eradicating this practice. 

Issue 

Female genital mutilations have been documented in 30 countries, with most procedures taking place on young girls between infancy and adolescence and occasionally on adult women. Studies estimate that 2 million to 3 million women are subjected to (FGM)1. Seventy-five thousand nine hundred sixty-eight women in Australia have been born in countries where genital mutilation is customary. Twenty-one thousand eight hundred twelve participants were from African countries. One thousand six hundred women arrived from African countries between 1991-92 and 1992-93; 470 girls were under 16. Several countries practice infibulation, including Somalia and Sudan. There were 150 participants from the Sudan group. Due to the closure of schools, there could be an increase of 2 million cases of female genital mutilation in 2021..2 The cultural impact of female genital mutilation within the Sunni Muslim community is legitimized through a controversial hadith, a saying attributed to the Prophet Mohammed, claiming he did not object to (FGM) if it was not too severe and that Sunna circumcision is the least invasive form of (FGM). Muslim scholars from various nations declared (FGM) Un-Islamic in 2006 during a conference in Cairo/Egypt3.  

Harm and Criminalization  

When girls and women are conscripted to participate in rituals they cannot control, human rights violations begin. In Sudanese communities, women are prohibited from owning property or divorcing. Infibulation is essential for a woman’s future if she is to find a suitable husband4 . Women and children are often subjected to female genital mutilation as part of conscription. (FGM) interferes with normal bodily functioning, which can become infected, leading to shock and death. The Commonwealth regards female genital mutilation states as a practice that violates children's and women's fundamental rights. As a result, the Commonwealth and states have passed criminal laws to protect the rights of girls and women.5 The Commonwealth’s commitment to safeguarding children from human rights violations requires that the Commonwealth remove and protect girls and women from cultural and religious practices and beliefs associated with female genital mutilation (FGM). Sections 45 and 45A of the Crimes Act require that Commonwealth officials protect girls and women from these practices and beliefs under the Crimes Act. Imposing lengthy jail sentences and fines will require Commonwealth officials to remove and protect girls and women from these practices and beliefs. Section 45a of the crimes act states that Individuals must not be removed from a state or territory to undertake female genital mutilation. Since harsh penalties have been imposed, criminalizing (FGM) has not prevented or eradicated the practice and ensured human rights6. 

Providing the greatest good to the greatest number 

 The Australian criminal justice system’s attitude toward female genital mutilation as ‘despicable and vile’ may “discombobulate women and girls who are immigrants from third-world nations”7. There is a high probability that cultural persecution will take place in Australia and that (FGM) could be forced underground8. Commonwealth legislation could result in cultural discrimination against women who want to have girls as children due to the perception that girls will not have a bright future8. female genital mutilations are underreported in Australia due to increased prosecution risk and cultural pressure9. The most effective means of reaching the target community would be to provide educational opportunities.10 Female genital mutilations go underreported in Australia due to increased prosecution risk and cultural pressure10. The most effective means of reaching the target community would be to provide educational opportunities.11 There is no doubt that criminal convictions alone are not sufficient to resolve this problem. Social workers and immigrants can form multidisciplinary teams. That will encourage participation in their culture and religion in a manner consistent with human rights12. The communities affected by (FGM) will be encouraged to maintain human dignity and rights by practicing and participating in their culture and religion13  

Conclusion  

The Australian government estimates that 75,968 women were born in countries where female genital mutilation was practiced. 2 million cases could be added to the list of cases in 2021 as a result of the closure of schools. Thirty countries documented female genital mutilations, with the majority occurring on young girls between infancy and adolescence. 

Reference List 

1 Female Genital Mutilation, World Health Organization, (Fact sheet 31/01/2023) < https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation > viewed 24/07/2023  

2 Female Genital Mutilation, Family Law Council report, (law review 1994),[2.38] < https://www.ag.gov.au/sites/default/files/2020-03/Female%20genital%20mutilation.pdf > viewed 24/07/2023  

3 I.EL-Damanhoury, The Jewish and Christain view on Female genital mutilation, 19(3) African Journal of Urology, (2013), [p1] < https://www.sciencedirect.com/science/article/pii/S1110570413000258 > Viewed 24/07/2023  

4 Monica Antonazzo, problems with criminalizing female genital cutting, A Journal of Social Justice, 15(4), (2003), [3] < https://www-tandfonline-com.ezproxy.une.edu.au/doi/pdf/10.1080/1040265032000156663 > viewed 29/07/2023  

5 World Health Organization (FGM) (n1)  

6 Crimes Act 1900 (NSW) s45A(1)(2)(a)(b) 

7 Monica Antonazzo,(n4), [3], (“African women who lead the campaign to end the practice may be put off by western civilized groups that consider cutting” ‘despicable and vile’)  

8 Family Law Council report, (n2) [6.41]  

9 Anthony McMahon. Writing diversity: Ethnicity and race in Australian Social Work, 1947-1997. (2003) Australian Social Work 55:3, < https://www-tandfonline-com.ezproxy.une.edu.au/doi/abs/10.1080/03124079508414073 > viewed 25/07/2023  

10 Monica Antonazzo,(n4),[4]  

11 Female genital mutilation: the complementary roles of education and legislation in combating the practice in Australia (1995), 3 Journal of Law and Medicine, [205] < https://anzlaw.thomsonreuters.com/Document/I49e0c4d8683a11ea9466e69956ff701d/View/FullText.html?originationContext=docHeader&contextData=(sc.Search)&transitionType=Document&needToInjectTerms=False&docSource=d01111566c5a4715a990469a5096c6f8&ppcid=6a3084e9a17f4a33b3498867741a0d09&comp=wlau > viewed 25/07/2023  

12 Monica Antonazzo,(n4),[5]  

13 Journal of Law and Medicine (n 9)[206]  

14 Convention on the rights of the child, New York, opened for signature (entered in to force 20 September 1989), volume 1 (entered in to force 02 November 1990), art 19 < https://treaties.un.org/doc/Treaties/1990/09/19900902%2003-14%20AM/Ch_IV_11p.pdf > viewed 27/07/2023