Overview of legislation in the European Union to address female genital mutilation: challenges and recommendations for the implementation of laws (2009)
This study is a Explanatory research regarding All FGM/C with the following characteristics:
Author(s): Leye Els,Sabbe Alexia
FGM/C Type(s): All
Health area of focus: None.
Objective: To present an overview of criminal laws,child protection laws and professional secrecy provisions in the 27 member states of the European Union,the implementation of these laws in some EU countries and good practices and lessons learned regarding implementation of laws
Study Population: Relied on legal cases
Findings: Preliminary data of research on FGM legislation in EU member states,revealed the following information: – Austria: specific law – suspected cases reported by an NGO – doctors’ duty to report – Denmark: specific law – 1 criminal court case – duty to report – Finland: general law – several notifications to child welfare – duty to report – France: general law – 37 criminal prosecutions – reported & suspected cases (including child protection reports) – duty to report (compulsory and standard genital examination for all young girls up until the age of 6 by PMI21- physicians) – regional guideline in Paris – recently (15 April 2009) the government launched a new campaign against FGM (including informational brochure for the prevention of FGM) – Germany: general law – child protection interventions and suspected cases – right to report – campaign (started in 2008) to educate German doctors on FGM – Norway: specific law – 1 criminal case – many reports – national Action Plan for combating FGM (including guidelines with a description of roles,tasks and responsibilities of health providers,child welfare services and the police – Portugal: specific law – suspected cases – duty to report – Inter-institutional working group between NGO’s and public bodies to implement a range of measures in the area of prevention,sensitization,formation and cooperation – national Action Plan – Spain: specific law – 3 criminal cases under previous general law – reported cases – duty to report – regional action plans and protocols in Catalonia and Aragon. Sweden: specific law – 2 criminal cases – reported cases (including 1 case of temporary detention) – duty to report – National Action Plan (expired in 2007) – Switzerland: general law – 2 criminal cases – reported and suspected cases (including child protection cases) – duty to report – Explicit prevention programme in canton of Geneva and preventive genital screenings in canton of Zurich. – The Netherlands: general law – 1 recent criminal case – suspected and reported cases – guidelines (prevention protocol) for professionals (health education and social welfare sector). – United Kingdom: specific law – reported and suspected cases – duty to report – National FGM Action Plan and Multi-agency prevention & awareness campaign. However it has been difficult to implement these laws due to factors such as lack of evidence,lack of sufficient information by legal professionals
Geographical coverage
Region(s):Western Europe,Southern Europe,Northern Europe,Western Asia
Country(ies):Austria,Belgium,Cyprus,Denmark,Italy,Norway,Portugal,Spain,Sweden,United Kingdom