Female Circumcision: Illegal in North American

Legally speaking, female circumcision (FGM) is banned by law in North America.

Last week we received a comment asking about FGM in Canada.

Female Circumcision: Illegal in North American

Legally speaking, female circumcision (FGM) is banned by law in North America.

Last week we received a comment asking about FGM in Canada.

Doing some web search, we found some stunning facts about the legality of the issue.

Canada: Section 273.3 of the Canadian Criminal Code shields children who are ordinarily resident in Canada, (citizens or landed migrants) from being removed from the country and subjected to FGM. In the US and Canada, the very small percentage of Muslims who wish to continue the practice often find it impossible to find a doctor who will cooperate. The operation may then be done illicitly in the home by poorly trained persons, under less than sterile conditions.

US: The US federal bill, “Federal Prohibition of Female Genital Mutilation Act of 1995” passed in 1996-SEP. The law provides for prison sentences of up to 5 years for anyone who “circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18.” US representatives to the World Bank and similar financial institutions are required to oppose loans to countries where FGM is prevalent and in which there are no anti-FGM educational programs. The law took effect on 1997-MAR-30. The first charges under the law were made in late 2003 when a California couples was arrested in a FBI sting operation allegedly after having agreed to perform a FGM procedure on two fictitious girls. .

On the upside, it does indicate that the government has taken a stand against FGM. This, and potential penalties, may well cause some parents to decide against having their daughter(s) mutilated.

On the downside, legislation against FGM can be counter-productive in some cases.

• It might force the practice underground.
• Women may not seek medical care later in life because their parents might be charged.
• The operation can be life threatening if performed by untrained individuals.
• If the operation is botched, the parents may be reluctant to take the child to a hospital out of fear of being criminally charged with child abuse.

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