Underlying Reasons for the Persistence of Female Genital Mutilation

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many regions that practice/practiced FGM. In Manyara region, where the interviews took place, most of the areas where FGM were performed, has abandoned the practice. This was possible through government involvement and education. Some of the general perceptions and motives presented were restated from the informants from Babati. In this particular area, FGM has had a deep social significance. In the village of Gallapo, a girl needed to get circumcised in order to be fully marriageable. This was before the practice became illegal and was abandoned. A girl that did not undergo the procedure was faced with social exclusion and shame, and it meant that she could be seen as promiscuous. The former Ngariba stated the practice as a “declaration” for women; it had been passed down from generation to generation and kept as a tradition equally important for men as for women. The argument for FGM varies between countries and cultures. The line between international law, provided by international instruments, and cultural value are sometimes very vague. The development of human rights has established its values in the broad international arena and has made it into a political matter. The most notable result of this change in attitude was the adoption of the UDHR, which has resulted in acceptance of these norms and received by nearly all states 65 . When human rights issues addressed women’s rights through CEDAW, the problem of FGM was addressed by specific human rights instruments containing guarantees of freedom from discrimination on the basis of sex. It is noted that women’s rights were not a human rights issue until later on, partly because violence against women was seen as a private issue, and should not be addressed in public 66 . However, in the 1993 CEDAW it was restated that some traditional practices that were harmful to women, and were reconsidered from being a private matter into public and should be eliminated 67 . Referring to the empirical findings FGM is a practice imposed by communities on women, to control their sexuality for the advantage of men. By presupposing that women are promiscuous and that their sexuality will rise above their control, they need to be controlled. However, men’s sexuality is not addressed at all in that manner. CEDAW requires state parties to take measures insuring women against discrimination 65 Donnelly, Human rights and Asian values, p. 65 66 Kvinnojouren Feminism och Jämnställdhet 67 CEDAW article 4 “states should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its eliminations”. States should condemn violence against women and should not invoke any custom, tradition or religious 29
y implementing appropriate legislations 68 . The convention is against all traditional practices that are harmful to women and state parties should seek to change attitudes towards customs and practices that discriminate women. In addition article 5 (b) constitutes family roles, and emphasizes the importance of family education and parental responsibility towards the child 69 . Readdressing to the CRC state parties is obliged to develop and undertake all actions and polices in the best interest of the child. Regarding FGM, governments are responsible to end the practice in the interest of the child, through instruments implemented in educating about the dangers, and also giving responsibility to parents and legal guardians. However, referring to data stating that FGM is a social convention that is highly important for women’s status and social approval, the outcome of intervening in the best interest of the child, may not always be the ultimate solution since not having undergone FGM can result in social exclusion in the community and the child may suffer emotionally. Also considering the parents having their best interest of their children, may either consider having the child undergo FGM believing that it has beneficial consequences for their child later in life, or recognizing that it is harmful for their health. The conducted interviews in Babati with Fatima demonstrated the effects from early childhood, where she explained the normality of the practice of FGM, having herself experienced the social consequences of having gone through with it. Luckily she did not suffer from any complications today, but living in a community today that does not seek to this norm; she feels the opposite of social belonging. The Declarations of CEDAW and CRC as a part of the human rights law suffer from barriers when facing cultural traditions. When arguing for the rights of humans and intervening in the name of human rights to abolish FGM, it stands against a practice that is part of a social convention, rooting in cultural and ethical norms and values, with traditions that are likely to be preserved and defended. Human rights laws underlie the concept that Western culture, because it legitimizes itself behind universalistic ideology, positions itself as superior to non-western culture, leaving every other outside the framework. These instruments and frameworks are defined in protecting the rights of people taking part in cultural life. Although these rights are recognized internationally, they are limited by governments’ obligation to uphold and protect 68 CEDAW art. 2 (f) 69 CEDAW art. 5 (b) 30
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 20 and 21: organizations and intergovernmental
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 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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