Women and Justice: Keywords

International Case Law

Omeredo v. Austria European Court of Human Rights (2011)

Female genital mutilation or female genital cutting

The applicant is a Nigerian national who fled due to not wanting to undergo female genital mutilation (FGM) and sought asylum in Austria. Austria rejected her application for asylum and she appealed, complaining under Article 3 of the Convention that she runs the risk of being forced to undergo FGM if she is expelled to Nigeria. The Court rejects her application because they reasoned that due to her age and work experience she should have been able to live in Nigeria on her own.



Collins and Akaziebie v. Sweden European Court of Human Rights (2007)

Female genital mutilation or female genital cutting, Harmful traditional practices

The first applicant, the mother, filed for asylum upon arriving in Sweden, claiming she had fled Nigeria while pregnant with her daughter, the second applicant, in an attempt to flee the female-genital mutilation ("FGM") that would have been performed on her during childbirth if she stayed in Nigeria. The Swedish Migration Board rejected the asylum application, explaining that FGM was not grounds for asylum, and that FGM was outlawed by Nigerian law so it was unlikely the first applicant would be submitted to the procedure upon return to Nigeria. The Swedish Aliens Appeal Board rejected the applicant's appeal, rejecting her argument that FGM was a deep-rooted Nigerian tradition, carried out despite modern law. Following several more attempts within Sweden to be granted asylum, the applicants filed a complaint with the ECHR, alleging that if they were returned to Nigeria, they would face a high likelihood of being submitted to FGM. The argued this would violate Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The ECHR rejected the complaint, ruling that the applicants had failed to "substantiate that they would face a real and concrete risk of being subjected to female genital mutilation upon returning to Nigeria.



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.



SVFB v. Minister for Immigration & Multicultural & Indigenous Affairs Federal Court of Australia (2004)

Female genital mutilation or female genital cutting, Gender-based violence in general, Harmful traditional practices, Sexual harassment, Sexual violence and rape

A citizen of Nigeria sought protection for fear that she would be subject to female genital mutilation. The Refugee Review Tribunal found that female genital mutilation constitutes serious harm amounting to persecution, but that on the facts, there was no real risk that the applicant would be subjected to female genital mutilation.



VWFG v. Minister for Immigration & Multicultural and Indigenous Affairs Federal Court of Australia (2005)

Female genital mutilation or female genital cutting, Forced and early marriage, Gender-based violence in general, Harmful traditional practices

A citizen of Ghana sought protection for fear that she would be subject to arranged marriage and female genital mutilation. The Refugee Review Tribunal found the applicant to be not credible, in part because she could not identify the ethnic group that the proposed husband came from. The court found these factual conclusions satisfactory and affirmed.



Claimant (on her own behalf and on behalf of her minor children) v. the State Secretary of Justice District Court of the Hague (2008)

Female genital mutilation or female genital cutting, Harmful traditional practices

The government had denied three of the claimant’s applications for residence under the Aliens Act 2000. The appeal stemmed from the dispute about whether the claimant’s minor daughter was at risk for inhuman treatment (specifically, FGM) in Chad under the European Convention on Human Rights. The claimant argued that her daughter was, as a Hadjarai woman, “very strongly” at risk of FGM, and she herself had been circumcised. The government denied that FGM is a matter of tradition, ethnicity, and religion and claimed that the claimant’s story was inconsistent with what was known about FGM in Chad. The District Court found that the government’s decision was subject to review referring to a U.S. Department of State report that stated that though violence against women and FGM were prohibited by law in Chad, FGM was widespread, deeply rooted in tradition and rarely prosecuted. Further, 93% of Hadjarari women were circumcised. The District Court ordered the government to decide the claimant’s application in light of the Court’s findings.



Reports

The Dynamics of Social Change: Towards the Abandonment of Female Genital Mutilation/Cutting in Five African Countries (2010)

Female genital mutilation or female genital cutting, Harmful traditional practices

Report by UNICEF's Innocenti Research Centre highlighting solutions and examples of communities ending the practice of female genital mutilation. The report examines what conditions are necessary for a consensus to abandon FGM/C and identifies strategies for sustainable abandonment (2010).


They Took Me and Told Me Nothing (2010)

Female genital mutilation or female genital cutting, Harmful traditional practices

Human Rights Watch report on female genital mutilation in Iraqi Kurdistan.



Memoranda

Resources Relating to Female Genital Mutilation (2010)

Female genital mutilation or female genital cutting

This memorandum provides some resources relating to Female Genital Mutilation.