Peer-reviewed article
The practice of Female genital mutilation and the limits of criminalization under Ethiopian laws
Behaylu Girma ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines why Ethiopia's 2004 Criminal Code has failed to effectively stop female genital mutilation despite criminalizing the practice. The law uses the term 'circumcision' rather than stronger language like 'mutilation', and does not cover the full scope of FGM practices. The research identifies legal and linguistic gaps that have limited the law's ability to deter the practice, which remains widespread across different regions of Ethiopia.
Key points
- FGM is highly prevalent in Ethiopia and practiced across different parts of the country with varying magnitudes
- The 2004 Criminal Code criminalizes FGM but uses the less condemning term 'circumcision' instead of 'female genital mutilation' or 'cutting'
- The law does not criminalize the full scale of FGM practices, creating gaps in legal coverage
- These legal shortcomings have undermined the effectiveness of criminalization in deterring the practice
- FGM continues to be practiced despite criminalization, suggesting that legal measures alone are insufficient
Limitations
This study analyzes legal frameworks and international human rights instruments but does not present empirical data on FGM prevalence rates, community perceptions, or the outcomes of prosecutions under the law. It cannot determine which specific gaps in the law are most significant in practice or what additional interventions might be most effective.
Abstract
The practice of Female Genital Mutilation (FGM) is a cultural practice that is carried out by more than 30 African and Middle East Countries. It is labeled as one of the harmful traditional practices and crimes against women and girls. FGM is highly prevalent in Ethiopia. In order to address the problem, the government has criminalized the practice under the 2004 Criminal Code. Instead of using words that indicate the gravity of the practice such as female genital cutting or mutilation, the law, however, has used ‘circumcision’ which is a less condemning word. Besides, the law has not criminalized the full scale of FGM. These shortcomings have undermined the effectiveness of the law to criminalize and deter the practice. Consequently, the practice is unabated to date and continued to be practiced in different parts of the country with different magnitude and justifications. Through reviewing and analyzing the pertinent international human rights instruments and literature, this study has identified the limits of criminalization of FGM in Ethiopia.