FGM/Cutting: Contextualising Recent Legal Developments

摘要

This paper seeks to present issues relating to female genital mutilation/cutting (FGM) in a manner which is more socio-legal than is usual in this journal, partly because, while there is an important new statute, the Serious Crimes Act 2015, the accepted view of FGM across the world (e.g. mention is made below of Egypt) is that criminal law alone is most unlikely to prevent or deter FGM; this approach is very much that recently adopted in England and Wales and indeed in the other countries within the UK. Changing criminal law affecting women and girls at risk of FGM in the UK is, moreover, of little use if 'vacation cutting' (see below) takes place. Non-coercive means within a comprehensive strategy, including cross-agency action and utilising NGOs, seem in this arena to be more successful than coercive ones. Criminal law is dealt in this article within this socio-legal context and not in a freestanding manner as is usual.