Underlying Reasons for the Persistence of Female Genital Mutilation
Underlying Reasons for the Persistence of Female Genital Mutilation
Underlying Reasons for the Persistence of Female Genital Mutilation
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y implementing appropriate legislations 68 . The convention is against all traditional practices that<br />
are harmful to women and state parties should seek to change attitudes towards customs and<br />
practices that discriminate women. In addition article 5 (b) constitutes family roles, and<br />
emphasizes <strong>the</strong> importance <strong>of</strong> family education and parental responsibility towards <strong>the</strong> child 69 .<br />
Readdressing to <strong>the</strong> CRC state parties is obliged to develop and undertake all actions and polices<br />
in <strong>the</strong> best interest <strong>of</strong> <strong>the</strong> child. Regarding FGM, governments are responsible to end <strong>the</strong> practice<br />
in <strong>the</strong> interest <strong>of</strong> <strong>the</strong> child, through instruments implemented in educating about <strong>the</strong> dangers, and<br />
also giving responsibility to parents and legal guardians. However, referring to data stating that<br />
FGM is a social convention that is highly important <strong>for</strong> women’s status and social approval, <strong>the</strong><br />
outcome <strong>of</strong> intervening in <strong>the</strong> best interest <strong>of</strong> <strong>the</strong> child, may not always be <strong>the</strong> ultimate solution<br />
since not having undergone FGM can result in social exclusion in <strong>the</strong> community and <strong>the</strong> child<br />
may suffer emotionally. Also considering <strong>the</strong> parents having <strong>the</strong>ir best interest <strong>of</strong> <strong>the</strong>ir children,<br />
may ei<strong>the</strong>r consider having <strong>the</strong> child undergo FGM believing that it has beneficial consequences<br />
<strong>for</strong> <strong>the</strong>ir child later in life, or recognizing that it is harmful <strong>for</strong> <strong>the</strong>ir health. The conducted<br />
interviews in Babati with Fatima demonstrated <strong>the</strong> effects from early childhood, where she<br />
explained <strong>the</strong> normality <strong>of</strong> <strong>the</strong> practice <strong>of</strong> FGM, having herself experienced <strong>the</strong> social<br />
consequences <strong>of</strong> having gone through with it. Luckily she did not suffer from any complications<br />
today, but living in a community today that does not seek to this norm; she feels <strong>the</strong> opposite <strong>of</strong><br />
social belonging.<br />
The Declarations <strong>of</strong> CEDAW and CRC as a part <strong>of</strong> <strong>the</strong> human rights law suffer from barriers<br />
when facing cultural traditions. When arguing <strong>for</strong> <strong>the</strong> rights <strong>of</strong> humans and intervening in <strong>the</strong><br />
name <strong>of</strong> human rights to abolish FGM, it stands against a practice that is part <strong>of</strong> a social<br />
convention, rooting in cultural and ethical norms and values, with traditions that are likely to be<br />
preserved and defended. Human rights laws underlie <strong>the</strong> concept that Western culture, because it<br />
legitimizes itself behind universalistic ideology, positions itself as superior to non-western<br />
culture, leaving every o<strong>the</strong>r outside <strong>the</strong> framework. These instruments and frameworks are<br />
defined in protecting <strong>the</strong> rights <strong>of</strong> people taking part in cultural life. Although <strong>the</strong>se rights are<br />
recognized internationally, <strong>the</strong>y are limited by governments’ obligation to uphold and protect<br />
68 CEDAW art. 2 (f) <br />
69 CEDAW art. 5 (b) <br />
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