Peer-reviewed article
Female genital mutilation/cutting as a ground for asylum in France
Yuko Sonobe ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines how France's asylum legislation evolved to recognize female genital mutilation/cutting (FGM/C) as grounds for asylum. France receives the largest number of female asylum seekers from sub-Saharan Africa in Europe, many fleeing FGM/C. The research traces political and ideological shifts from gender-blind policies to gender-sensitive recognition, influenced by political campaigns and international directives. While France now formally accepts FGM/C claims, the study notes that women and girls from sub-Saharan Africa still face challenges including medical examinations and uncertain legal status.
Key points
- France receives the largest number of female asylum seekers from sub-Saharan Africa among European countries
- France was reluctant to initially accept female asylum seekers as a 'particular social group' despite recognizing FGM/C early as asylum grounds
- Political discourse on asylum policy shifted in the 2000s due to ultra-right party campaigns criticizing violence against women in minority groups
- The 2011 European directive marked a turning point for France to adopt gender-sensitive interpretation of refugee convention grounds
- Sub-Saharan African women and girls remain subjected to medical examination and face uncertain legal status despite policy changes
Limitations
This study examines policy and legislative change rather than the actual outcomes or experiences of asylum seekers with FGM/C claims. It does not evaluate the effectiveness of the policies or provide data on acceptance rates, case outcomes, or the lived experiences of applicants.
Abstract
Abstract This study examines how France's national asylum legislation has changed politically and ideologically from following a gender‐blind policy to recognizing gender‐based violence as a ground for asylum. Among European countries, France receives the largest number of female asylum seekers (FAS) from sub‐Saharan African (SSA) countries, where female genital mutilation/cutting (FGM/C) is practiced. Although France was one of the first countries to recognize FGM/C as a reason for granting asylum, it was reluctant to accept FAS as a “particular social group (PSG).” This article analyzes the increase in asylum claims based on FGM/C in the 2000s and examines the political discourses on changing asylum legislation up to the 2010s. Data from official reports of government organizations were examined to investigate the decisions on asylum applications involving FGM/C. France changed its policies in the 2000s to include gender equality in its republican identity due to ultra‐right party and social campaigns criticizing male members of minority groups for violence and discrimination against women. The then conservative government exploited these circumstances and enacted restrictive immigration laws that addressed FGM/C grievances partially; the succeeding socialist government recognized FGM/C as a ground for asylum. This study concludes by arguing that the 2011 European directive was a turning point for French asylum legislation to include gender‐sensitive interpretation of the grounds under the Convention on the Status of Refugees, in line with European policy. However, the status of SSA women and girls remains uncertain while they are subjected to medical examination and the application range of PSG could be reconsidered.