Peer-reviewed article
Female genital mutilation/cutting in Africa: A complex legal and ethical landscape
Satang Nabaneh, Adamson Sinjani Muula ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article examines female genital mutilation/cutting (FGM/C) as a widespread form of violence against women and girls in Africa, despite international human rights recognition and criminalization efforts in several countries. The authors review trends in FGM criminalization across African states and analyse the legal and ethical debates around medicalization of the practice. The article argues that while criminalization alone may not stop FGM, it provides an important legal framework supporting broader government efforts to eliminate the practice.
Key points
- FGM/C is recognized internationally as a prevalent form of violence against women and girls
- Several African countries have criminalized FGM/C
- The practice persists despite legislative protections, raising questions about whether legislation alone can create change
- There is emerging debate about medicalization of FGM/C as a potential harm reduction strategy, with complex legal and ethical implications
- Criminalization creates an enabling environment for broader government eradication strategies, even if not the sole solution
Limitations
This is a legal and ethical analysis rather than an empirical study, so it does not provide data on the prevalence of FGM/C, the effectiveness of specific criminalization approaches, or outcomes of interventions. The document does not detail specific country-level findings for South Africa or Malawi.
Abstract
While international and regional human rights instruments have recognized female genital mutilation/cutting (FGM/C) as one of the most prevalent forms of violence against women and girls, in many African states FGM/C is a deeply entrenched cultural practice. There is a consensus against FGM, as evidenced by its criminalization in several African countries. The mere fact that the practice continues despite legislative measures to protect women and girls against FGM raises the question of whether change can be legislated. The present article summarizes the trends and effectiveness of FGM criminalization in Africa, including prohibition of medicalization of FGM. Against the backdrop of emerging debate on medicalization of FGM as a harm reduction strategy, we also examine its complex legal and ethical implications. The article argues that while criminalization may not be the best means of stopping FGM, it creates an enabling environment to facilitate the overall strategy of African governments in eradication of the practice.