Prohibition of Female Circumcision Act 1985

Prohibition of Female Circumcision Act 1985 was a significant piece of legislation passed in the United Kingdom aimed at criminalizing the practice of female genital mutilation (FGM), also known as female circumcision. This act marked a crucial step in the legal efforts to protect women and girls from this harmful practice, which is recognized internationally as a violation of human rights.

Background

Female genital mutilation involves the partial or total removal of external female genitalia or other injury to the female genital organs for non-medical reasons. It is a practice rooted in gender inequality, attempts to control women's sexuality, and notions of purity, modesty, and beauty. The practice is mostly carried out by traditional circumcisers, who often play other central roles in communities, such as attending childbirths. FGM is prevalent in 30 countries in Africa, the Middle East, and Asia, and it affects millions of girls and women worldwide.

Provisions of the Act

The Prohibition of Female Circumcision Act 1985 made it illegal to perform FGM on any woman or girl, including taking a girl out of the UK for the purpose of FGM. The act was the first of its kind to address FGM in the UK, setting a precedent for future legislation on the issue. It provided a legal framework for prosecuting individuals who performed FGM or assisted in its practice.

Impact and Subsequent Legislation

While the Prohibition of Female Circumcision Act 1985 was a landmark in the fight against FGM, its effectiveness in prosecuting offenders was limited. This limitation was due to various factors, including the private nature of the practice and the cultural sensitivity surrounding it. As a result, further legislation was introduced to strengthen the law.

In 2003, the act was repealed and replaced by the Female Genital Mutilation Act 2003, which extended the prohibition to include any form of mutilation of the female genitalia and introduced more severe penalties for offenders. The 2003 Act also made it an offense for UK nationals or permanent residents to perform FGM abroad, even in countries where the practice is legal.

Continuing Challenges

Despite these legal advancements, FGM continues to be a challenging issue to eradicate. The practice is deeply embedded in the cultures of some communities, with social pressures often playing a significant role in its perpetuation. Efforts to end FGM therefore require a multifaceted approach, including education, community engagement, and support for affected women and girls, in addition to legal measures.

See Also

• Female Genital Mutilation Act 2003
• Human rights
• Gender inequality