Female Genital Mutilation as a reason to obtain asylum in the European Union (2012)
This study is a Descriptive research regarding All FGM/C with the following characteristics:
Author(s): Kathrin A. Schwerdtfeger
FGM/C Type(s): All
Health area of focus: None.
Objective: This study aims to research Female Genital Mutilation asylum cases brought to the European Court of Human Rights and National courts of Member States of the European Union
Study Population: ECtHR asylum decisions regarding FGM and national court decisions.
Findings: It was established,that the general provisions of asylum law in the European Union and its Member States are rooted in human rights. Art. 6 of the TEU provides for legal recognition of the European Convention for the Protection of Human Rights and Fundamental Freedoms and states that fundamental rights should also be included in the general principles of the Union’s law83 hence also in asylum law. In general is to conclude that human rights are firmly established in the European Union asylum law but that due to the not yet finished harmonization process the differences between the Member States are significantly high. Reception conditions,chances of refugee recognition and basic material support are very different84 and in order to give all applicants an equal and fair treatment the CEAS first pillar hast to be further developed. This study moved on to establish that Female Genital Mutilation can be considered as torture and concludes that it can be at least concluded to be torture for the more severe FGM types II and III. The type I incision,which is often compared to male circumcision should be excluded from this argumentation,as the impact is rather small. However,a recent judgment in a German court on male circumcision85 raises the question whether both practices for male and female children should be prohibited under the consideration of autonomy,as it is an irreversible act and the children are too young to consent.
Geographical coverage
Region(s):Not specified
Country(ies):Not specified