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

Consent

Last edited: February 25, 2011

This content is available in

Options
Options

Legislation should provide that consent of any person of any age or by a minor's parent is not a defense to a violation of this statute. Focus of legislation should be on the empowerment of women to reject the practice of FGM and enabling a shift in the social norms that support the practice and pressure women into undergoing it for themselves or others. The practice of FGM is so entrenched in social norms and expectations that, without a shift in those underlying norms and individual beliefs, true informed consent to undergo FGM for adult women, completely free from undue pressure, is difficult to ascertain.

Illustrative Examples:

It is no defence to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given.