Underlying Reasons for the Persistence of Female Genital Mutilation

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organizations and intergovernmental organizations in that particular field. The extent of the human rights field in other words has become “universal” and transcultural, and in this way affected the cultural understanding of human rights 32 . The UDHR articles consist of six cross-cutting themes, one of them being linked to culture, where the human rights concept is closely bound to the belief that culture is precious and central to our identity. To take away cultural heritage is to deny ones identity, since the way we are born, how we live and die, is affected by the culture to which we belong. The UDHR says; “everyone has the right to freely participate in the cultural life of the community”. By this it is also stated that no one has the right to dominate, direct or eradicate a culture or impose their culture upon others 33 . The UDHR provides instruments and frameworks for political, civil, social and cultural rights. In the declaration there are articles that together form a basis to condemn the practice of FGM. Furthermore there are several conventions following the human rights declaration that contain articles that are more specific to harmful practices against women and children, such as The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of The Child (CRC). 3.1.3 Women and Children’s Rights CEDAW and CRC are conventions that cover areas of human rights; I will only focus on those that are relevant to the subject on FGM. The 1960’s and 70’s were marked by an increasing awareness of women’s rights in many parts of the world. Recognizing gender-based violence and violence against women in private and public life, FGM could be categorised as violence against women and put into a human rights obligation. Through Women’s organisations raising awareness of the harmful effects of FGM it was the start point of the movement to end the practice 34 . FGM were to be addressed under two important legally-binding international human rights instrument. 32 Baylis, Smith, Owen, The globalization of world politics, p. 507 33 UHDR 2011, cross cutting themes 34 Innocenti digest, Changing a harmful convention, p. 15 15
3.1.4 The Convention on the Elimination of All Forms of Discrimination Against Women In 1979 the general assembly adopted the convention on the elimination of All Forms of Discriminations Against Women (CEDAW). It defines discrimination against women as: “… any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” CEDAW is often described as an international bill of the right for women and is the only human rights treaty which affirms the reproductive rights of women. The convention addresses FGM and other cultural practices that are harmful to women through unequal gender relations perspective. The women’s convention is aimed at eliminating all discrimination, in all forms and areas affecting women’s lives. By accepting the conventions, states are obligated to incorporate the principles of equality of men and women in states legal system, abolishing all discriminatory laws, and adopt appropriate ones that prohibit discrimination against women. The convention sets up the frameworks that should provide women the equal access and opportunity in political and public life, as well as education, health and employment as for men, and target social and cultural patterns of conduct with a view to eliminate the prejudice and customary practices based on stereotyped roles for men and women. Culture and tradition are seemed as influential forces shaping gender roles and family relations 35 . 3.1.5 The Convention on the Rights of the Child Human rights protections apply to all humans, adults and children. However children are considered more vulnerable and therefore need particular rights for their protection. FGM violates the human rights of children when performed on infants and young children. The CRC makes explicit reference to “harmful traditional practices” in the context of the child’s right to the highest attainable standard of health 36 . As any international law, when ratifying, the state is 35 United Nation, text of CEDAW 36 CRC art. 24.3 16
Page 1 and 2: Exempel 11, sid 4-5 Underlying Reas
Page 3 and 4: ABBREVIATIONS FGM UNICEF WHO CE
Page 6 and 7: 1. INTRODUCTION Female genital mut
Page 8 and 9: is in no way based on religious bel
Page 10 and 11: 1.4 Aims and objectives The purp
Page 12 and 13: 1.8 Disposition The study is divi
Page 14 and 15: 2.1 Qualitative case study rese
Page 16 and 17: young girl that herself had undergo
Page 18 and 19: 3. THEORETICAL FRAMEWORK The pra
Page 22 and 23: obliged to form and adjust domestic
Page 24 and 25: human rights and therefore the disc
Page 26 and 27: as the custom has spread historical
Page 28 and 29: consequences of the urine and menst
Page 30 and 31: It is through this organization I h
Page 32 and 33: three or four years old when her gr
Page 34 and 35: many regions that practice/practice
Page 36 and 37: morals and fundamental rights, publ
Page 38 and 39: 5.2 Discussion FGM is internation
Page 40 and 41: likely to have the practice stop in
Page 42 and 43: 6. CONCLUSIONS Throughout this ess
Page 44: Reliabilitet Validitet 2011, retrie

Underlying Reasons for the Persistence of Female Genital Mutilation

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