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A Novel Legal Remedy: Female Genital Mutilation Protection Orders
Charlotte Proudman ·
Summary
Written by AI, not yet AICS's view · claude-sonnet-5-5This book chapter looks at how family law has been used to protect girls at risk of female genital mutilation (FGM), because criminalisation has not prevented the practice. It covers care proceedings and the female genital mutilation protection orders (FGMPOs) introduced in 2015. The author reviews published family law judgments on FGM and identifies common themes, such as how risk is assessed, travel restrictions and medical examinations. The chapter argues that girls without secure immigration status often receive weaker protection than British girls.
Key points
- Criminalisation of FGM has failed to prevent the practice, so family law remedies are used to protect children.
- FGM protection orders were introduced in 2015 to prevent an at-risk girl from being subjected to FGM.
- Care proceedings involve state interference in family life to protect a girl at risk of FGM.
- Published judgments show recurring themes: risk assessment, travel restrictions and the necessity of medical examinations.
- The chapter suggests the law is applied in a discriminatory way, with girls lacking secure immigration status given less or second-rate protection than British children.
Limitations
The abstract does not say how many judgments were reviewed or how they were selected. It does not name the country (the context appears to be Britain, but this is not stated outright) and does not measure whether the orders actually prevent FGM.
Abstract
Abstract As the criminalisation of FGM has failed to prevent FGM, family law remedies have been used to protect children from the practice. This chapter explores the development of jurisprudence in family law. In particular, it explores care proceedings which involves the interference of the state in the family’s private and family life to protect a girl at risk of FGM and it examines the introduction of female genital mutilation protection orders (FGMPOs) in 2015 which are used to prevent an at-risk girl from being subject to FGM. This chapter reviews a number of published family law judgments concerning FGM, which shows many key themes including how the risk of FGM is assessed, travel restrictions imposed, and the necessity of medical examinations. It also examines the difference in the protection that is offered to a British girl at risk of FGM in contrast to a girl who does not have secure immigration status. The chapter suggests that the current application of the law is discriminatory, as girls without secure immigration status are often afforded less, or second-rate protection from FGM than British children.