Female Genital Mutilation/Cutting (FGM/C) Within the UE

Mariacaterina La Barbera will present the paper titled: Prosecution that Does not Punish, Banning that Does Not Prosecute abd Circumcision that Does Not Cut.

All kinds of "female genital mutilation" are considered unlawful in Europe and their banning is an issue of growing political interest. Most European countries have criminal laws that define "female genital mutilation" as an offence, either as a specific criminal act or as an act of bodily injury. From a comparative point of view, two different normative models can be defined. France and Austria are the only examples of prohibition under the existing criminal law, while all the other European countries have adopted ad hoc laws. My presentation will analyze the various legislative techniques and applications, and whether their degree of efficacy differ. It is worth to remind that France is the only Western country where ritual interventions on female genitalia have been systematically prosecuted, although sentences have always been conditionally suspended. By contrast, in the other countries, where these practices have been specifically banned, no conviction for "female genital mutilation" has been held. Therefore, the first case systematically ends up in a <prosecution without punishment>, whereas the second case turns out in a <banning without prosecution>. From this point of view, the ban of <female genital mutilation> seems to have transformed into a mere declaration of principles which only function is to create new invisible frontiers within the national borders. This presentation intends to question the use of criminal law as an adequate tool to solve the complex social issues arising from the coexistence of different cultures and religions in the liberal and democratic Europe. The controversial ?symbolic cut? is analyzed and evaluated as a reasonable alternative to deal with "female genital mutilation" in Europe.