Women and Justice: Court: Federal Court of Justice (Bundesgerichtshof)

Domestic Case Law

XII ZB 166/03 Federal Court of Justice (Bundesgerichtshof) (2004)

Female genital mutilation or female genital cutting

The Court affirmed the decision of the lower court which had prohibited the parents of a young daughter with Gambian nationality resident in Germany from determining her whereabouts and relocating her to Gambia due to a high risk of FGM/C being performed on the daughter in Gambia. This decision paved the way for several similar decisions by lower courts protecting girls from potential FGM/C during trips to their home countries in cases where a high risk of FGM/C was prevalent in the home country.