Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Criminalization of aiding and abetting the performance of FGM

Last edited: February 25, 2011

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Legislation should provide that accomplices in the act of FGM shall be punished in the same manner as the practitioner of FGM. Legislation should define “accomplice” in the statute, and include in this definition those who bring a girl or woman to the practitioner as well as those who request the procedure, assist, advise, or procure support for anybody to carry out the procedure. Legislation should clearly state, however, that a victim herself cannot be identified as an accomplice. (See Punishment of Parents and Family Members section above). 

Illustrative Examples:

A person who aids, abets, counsels or procures -

(a) a person to commit an offence under section I; or

(b) another person to perform female genital mutilation on that other person,commits an offence.

 In addition, Kenya’s Prohibition of Female Genital Mutilation Act, 2010, penalizes allowing of one’s premises to be used for FGM as well as the possession of a tool for the purpose of performing FGM:

6.  A person who knowingly allows any premises, for which that person is in control of, or responsible for, to be used for purposes of performing female genital mutilation commits an offence.

7.  A person who is found in possession of a tool or equipment for a purpose connected with the performance of female genital mutilation commits an offence

  • United Kingdom: Female Genital Mutilation Act 2003, Sec. 2:
    A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.
  • European Parliament Resolution on female genital mutilation (2001/2035(INI)), Para. AA, 11:
    The European Parliament . . . [c]alls on the Member States . . . to regard any form of female genital mutilation as a specific crime, irrespective of whether or not the woman concerned has given any form of consent, and to punish anybody who helps, encourages, advises or procures support for anybody to carry out any of these acts on the body of a woman or girl.

-          regard any form of FGM as a crime, irrespective of whether or not the woman concerned has given any form of consent, and to punish anybody who helps, encourages, advises or procures support for anybody to carry out any of these acts on the body of a woman or girl,

-          pursue, prosecute and punish any resident who has committed the crime of FGM, even if the offence was committed outside their borders (extraterritoriality),

-          adopt legislative measures to allow judges or public prosecutors to take precautionary and preventative measures if they are aware of cases of women or girls at risk of being mutilated; . . .

  • Penal Code of Senegal (27.02.1999), Art. 299 bis:
    …The same penalties shall apply to any person who, through gifts, promises, influence, threat, intimidation, abuse of authority or power, caused such genital mutilations to happen or instructs others to practise them….