Introduction
The practice of Female genital mutilation has no health-related benefits, and it is harmful in many ways in both girls and women because it involves damaging and removing the normal female genital tissues and alters the natural function of female bodies. Although not all genital cutting of females is restricted to the will of the woman being cut, in some women, desire it as it has a significant meaning as stated in the (Female Genital Mutilation Act 2003) this comes to the aid of most females who have been oppressed for a long time by the human-rights which favored mostly males and stop the associated health risk brought with all form of Female Genital Mutilation.
FGM from a Female Perspective
The FGM Act 2003 covering England and Wales lacks clarity, even if the offense stated in Section (1) is clear. Still, the offense in Section 1 (2a) lacks clarity. As the Act say that there are some reasons as to why genital excision may be done depending on the girl's physical health condition. But in cases such as gender identity change and cancer of genitals, which are very rare as regards mental issues are not offered in the Act. The Act only states that ritual and custom cannot be based on a mental health state. According to (FGM Act 2003) states that it is an offense to assist a girl in performing FGM, this seems very odd because neither a girl nor woman who opt for FGM. However, nowadays, it is becoming more popular for most women to undergo labia reduction as its seen as cosmetic surgery. This brings a sense of regret in the (2003 FGM Act) law.
I propose a modification to (Section 5B in the Female Genital Mutilation Act 2003) to persuade any professional person working in any medical facility in England to report to the police if he encounters any FGM practice to any female under the age of 18 or woman above 18.
I recommend this proposal because medical practitioners are the ones who will most likely encounter females who are victims of FGM. Even though I recognize that more research is being done to stop Female Genital Mutilation, the introduction of this offense will stop the impunity practice of FGM.
As a Feminist, I see that most women who do not reside in England are likely to be exposed more to Female Genital Mutilation, and this would make some of these women to run from their country and seek asylum in England due to the fear of persecution in their country. However, some women can get asylum, while other women's applications are unsuccessful.
This will lead to an increase in the number of women seeking refuge in England as glottalization increases, with no basic services provision systems, social security, and anti-immigration protection sentiment, these women may experience a situation where they are forced to face Female Genital Mutilation to be able to access support and safety even though other countries and England are required to understand the International complexity matrix of the practice and come up with a smart and innovative method to stop Female Genital Mutilation across borders.
I highly support how Female Genital Mutilation is viewed as a criminal offense because some laws ban the practice of FGM in any health facility, including medical practitioners (Section 5B in the Female Genital Mutilation). In contrast, others only ban FGM if it is done to minors, I can't entirely agree with. Practitioners may face fines or even face time in prison or both, but the crime is only imposed on the country itself. Parents who take their children overseas to be cut or who oversee FGM are treated as criminals. This helps safeguard girls and women.
The new schedule 2 of the 2003 Act, provides for FGM protection orders, one of the principal BHRC recommendations that would be used extensively in the High Court to protect at-risk young women and girls. This means that an order can be made to protect either a girl or a woman at risk of FGM. These terms give the court broad and flexible terms to do what it considers necessary and appropriate to protect the victim at risk. Breach of these FGMPOs would be a criminal offense with a maximum penalty of five years’ imprisonment, or a civil breach punishable by up to two years’ imprisonment.
New findings indicate current offense for a duty of any profession to report of Female Genital Mutilation to the law(Section 5B Female Genital Mutilation Act 2003). The professionals who work in the regulated profession(133) would face prosecution if, in any case, they discovered FGM done to a girl age 18 or below, and they fail to report to the police. However, this does do much to protect adult women from FGM. The law does not impose a duty to any stakeholders for not reporting any discovery of FGM on adult women or women who may have disclosed to them about their condition. The legislative intervention should come up with preventative so that girls and women have protection.
This law has been very effective in protecting a victim or a potential victim of FGM. Through this, the court takes full measures to protect the victim through any means necessary and to bring the culprit to justice.This can be implemented by the court through provisions such as the suspect of FGM would surrender their passport or travel documents, this ensures that the suspect is available for hearing until investigations have been completed. This has been an effective way in reducing the cases of FGM and increases the number of people brought to justice deterring any future practices and subsequently reducing the practice.
Reluctance to be identified as a victim of FGM is one of the main reasons believed to be the cause as to why there is a low incidence of reporting of this offence and subsequent prosecution. Under the 2015 act, it amends the 2003 act that prohibits, the publication of any information, that would lead to the identification of a person who the act of FGM is alleged to have been commited. This anonymity would be in place from once the accusations have been made and will last for the duration of the victim’s life. Before implementation of the act, most victims were susceptible to threats from their oppressors, they felt ashamed to come forward and charge people who wanted to practice FGM or forced them into the practice.
From a Race/Cultural Perspective
Most women in indifferent societies and cultural backgrounds undergo FGM. A woman who does not undergo the cut is seen as not fit in society, and she cannot marry. The society rejects her as she is seen to have broken the social norm and belief of that society, which threatens the ways of their community. Many immigrants develop fear when they migrate from their cultural society because they are not bound to their culture.
Similarly to Africa society where women who participate in FGM identifies the act as a very important practice in the society, and it's up to the community members to maintain this cultural practice. Although FGM does not always have a significant cultural meaning and that it does not always see as mutilation, but as (Female Genital Mutilation Act 2003), the forcing of genital cutting in girls and women against their will is opposed and regarded as a crime. My point is to show that not all genital mutilation is performed against the female's will, but some it is a choice for others, and this should be allowed an respected.
In some communities, FGM is done by the members of the family who believe it is a natural practice that has important benefits to the victim. The clitoris is seen as a masculine representation to a woman, and by removing it, the woman is now seen to have enhanced her femininity. Also, according to traditional belief that when the clitoris is removed, the victim will be cleansed and have good hygiene. The traditional belief that it may be fatal to a person who may come into contact with it or even pose a threat to the process of giving birth. Older women tend to engage the young girls of the society in FGM to try and continue the long culture as a way of passing it down through generations, which is opposed to the FGM act of 2003. Through this practice, it leads to women being rejected by their communities, who do not undergo the act.
Uncut women, mostly Western females, are seen as loose and cheap, according to the participants of FGM. Uncut women may be forced to undertake genital mutilation due to the pressure and abuse subjected to them so that the cultural and traditional ways are preserved. Because being uncut as a female is taken as a transgress to the cultural forms, they lack any protection from any abuse in the community. As a remarkable rite of passage, the participant does not challenge any gender norms of chastity and Virginity linked with Female Genital Mutilation. Still, instead, she makes sure the norms are reinforced by arguing that uncut women are pure. This is seen reinforcing the cultural forms of practice.
Culturally bound participants identify FGM as a cultural practice that should be done and that it is an important duty for all women to maintain the identity of their community, buy preserving their act's and pass it on to the young generation. Through teaching and making the young generation
participate in their cultural practice, different communities and races can safeguard their links with the traditional ancestral ways as it is a necessary ritual for the community. This helps in creating a sense of shared belonging and identity. Even though the (Female Genital Mutilation Act 2003) seems like a static rule, women from different races that have to participate in FGM agree that the traditional ways are slowly changing.
Research shows that women who underwent this terrible ordeal were fearful of tarnishing their image and reputation by having their faces and identities made public. Since the implementation of the act, it led to increased confidence from the victims and whistle-blowers who came forward. This has led to an increase in the number of cases reported to authorities. It has led to increasing confidence in victims to come forward and get justice. The implementation of this act has really shown a downward curve in practices of FGM in the UK. This has led to more prosecutions, stricter penalties on culprits and protection of victims by the government.
Introducing this new offense that holds the guardians and parents responsible for their children and protects them against this practice. FGM is not inevitable, it is as a result of parental and societal choices . If parents refuse to give their consent in a large enough demographic, supporters of FGM would have been denied the power to coerce their community. This will not only create awareness on society regarding the judicial implications of turning a blind eye or subjecting children to this practice but also a sense of responsibility. This has proved to be an effective tool in the government's fight to reduce FGM practices.
Westerners create and publish their own rules stating what is right and what is wrong without considering that there are diverse cultures in the world. These laws bring a lot of difference and oppression in other races in the world. Although cultural relations bring a way of sharing and learning different cultural practices, conflicts emerge as the Western "act of human rights" does not support other race's traditional practices, and different races do not accept the Western as a universal law. Therefore Westerners are supposed to respect and support the ways of beliefs of other different races. Cultural study relativism is supposed to be purely neutral so that it facilitates more understanding of a certain culture with its own merits. By use of a successful method to engage in historical particularism, s depth study of one c...
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