Jennie
Tuesday 18th March 2014 11:06pm
2,767 posts
Quote: Renegade Carpark @ 18th March 2014, 10:55 PM GMT
As our resident legal beagle, what would be the outcome if they used the defence of religious freedom or some other bit of cultural insensitivity nonsense?
Specifically ruled out as a defence under the Act. Section 1(5) reads:
"For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual."
There is no religious requirement for FGM - it is a purely cultural thing connected to cleanliness/sexual purity.
So you could not argue an Article 9 right (right to freedom of conscience and religion) because it is not a religious requirement.
Even if it was, Article 9 is qualified (meaning it can be violated in some circumstances). Article 3 - freedom for torture or inhuman or degrading treatment is an absolute right and cannot be violated in any circumstances. So Article 3 trumps Article 9.
Quote: Renegade Carpark @ 18th March 2014, 10:58 PM GMT
The woman they spoke to on the London News said female family members were the perpetrators of the crime in her case. How will pleas of clemency and leniency be handled? Do you think these women should do jail time for their cultural practice?
I think they would want to make an example out them, to be honest.
I am pretty liberal in my views and am all for accommodating different cultures/beliefs that are outside of my experience.
But to tie a young girl down and do that to her is beyond my comprehension. I cannot see how anyone could truly believe that to be in the child's best interest.
But as I said above - to stop this, you need to change the views of the community. Prosecution alone isn't going to be the answer.
Quote: Renegade Carpark @ 18th March 2014, 10:58 PM GMT
And just how difficult is it to prove that someone has cut a small child's genitals? If the child is to young to remember and no witnesses are willing to come forward, how do you prosecute?
It tends to happen at 7 - 9, just before the girl enters puberty. So they are likely to remember the perpetrators - but securing a prosecution is a different thing. You have to persuade the victim to come forward (and be ostracised by their community) and then prove who did it. Very tricky and probably why there have been no prosecutions.
Whilst not to be watched whilst eating or by those of a sensitive disposition, this documentary lays out the issues very clearly:
http://www.channel4.com/programmes/the-cruel-cut/4od