Female genital mutilation in Europe: an analysis of court cases (2015)
This study is a Explanatory research regarding All FGM/C with the following characteristics:
Author(s): Johnsdotter S,Mestre i Mestre R
FGM/C Type(s): All
Health area of focus: None.
Objective: To explore the legal aspects of existing court cases,focusing on recent ones,and to assess evidence about transnational movement to have FGM carried out. In other words,address the general legal context or framework to fight FGM,and briefly analyses the impact that the embracing of the due diligence standard could have,as a consequence of the signature of the Istanbul Convention by all the countries in the report
Study Population: Relied on legal cases
Findings: The study found that the responses given by different countries to FGM/C were modelled by disparities of public prosecution systems in Europe. Calling upon state parties to apply the Istanbul Convention and accordingly modify existing provisions that limit their jurisdiction over FGM/C cases (art. 44) had an impact on such procedural disparities,although further research was needed in this area. The review of existing court cases showed the legal concepts of ‘error of prohibition’ and ‘neglect of care’ as novel approaches for both prosecution and prevention of FGM in Europe. As a consequence,the report pointed out that these aspects (due diligence,neglect of care,and error of prohibition) ought to be further explored in future discussions,not primarily for their potential to result in more criminal court cases of conviction,but because of their potential power as preventive tools
Geographical coverage
Region(s):Western Europe,Southern Europe,Northern Europe
Country(ies):Austria,Denmark,Finland,France,Germany,Italy,Netherlands,Spain,Sweden,Switzerland,United Kingdom