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Civil lawsuits

Legislation should allow civil lawsuits against perpetrators of FGM. Any requirements that do not allow girls or their parent or guardian, or women to bring civil lawsuits against a family member who is a perpetrator, or that require the consent of a husband or other family member in order to bring a civil lawsuit, should be abolished. (See: UN Handbook 3.12.1)

Legislation should allow survivors/complainants to bring civil lawsuits against governmental or non-governmental parties for not exercising due diligence to prevent, investigate or punish female genital mutilation. Legislation should allow survivors/ complainants to bring civil lawsuits on the basis of anti-discrimination laws, human rights provisions, or civil rights laws.  (See: UN Handbook 3.12.2)

Legislation should allow for a third party to pursue an action on behalf of a minor child with court permission or appointment of a guardian ad litem.  Protocols should be in place to ensure any award the child receives is protected and used on her behalf. 

Legislation should allow a victim to pursue an action, on her own behalf, after she reaches the age of majority.