#Act2EndFGM – The relationship between international human rights law and female genital mutilation (FGM)

June 3, 2021 GJA Admin Africa, Asia, Gender, Health, Middle East, SDG, South America, UNCEDAW, UNCRC, Women

This is the fourth blog in a series written by LLM students on the Human (In)Security course at Edinburgh Law School. This series celebrates the top five blogs selected in a class competition. This blog is by Evelyn Strutynski. Evelyn is currently reading the LLM in International Law at the University of Edinburgh. She also obtained a Bachelor of Arts degree in Political Science and Law at the Ludwig-Maximilians-Universität München in Germany.

#Act2EndFGM – The relationship between international human rights law and female genital mutilation (FGM)

Over the last decades, much has been achieved to reduce the prevalence of FGM around the world. In 2015, the UN announced new development goals, including the initiative to completely eliminate FGM by 2030. Nonetheless, the procedure still is a highly salient issue. In 2021, more than four million girls are at risk of undergoing FGM and, overall, approximately 200 million girls and women alive today have been subjected to the practice in 31 countries. This blog post will examine the relationship between FGM and international human rights law as well as the global efforts to eliminate FGM.

What is female genital mutilation?

The WHO defines FGM as “all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons”. The procedure is predominantly carried out by traditional circumcisers who use scissors, razor blades or broken glass. Increasingly, trained health care providers perform FGM (‘medicalisation’). The WHO has identified four different types of FGM; one of them is called infibulation which narrows the vaginal opening with a covering seal by, for instance, repositioning the labia minora or stitching.

FGM affects girls and women worldwide, the majority of them are cut before their 15^th birthday. It is predominantly practised in Africa; furthermore, it occurs in countries in the Middle East and Asia, and in certain communities in South America. The practice is nearly universal in Somalia, Guinea and Djibouti where more than 90% of girls and women have undergone FGM. The practice is cultural rather than religious, since no religion requires it; nonetheless, religion is often used as a justification. Other reasons for FGM are, inter alia, psychosexual, for example, to control women’s sexuality, or sociological/cultural, to guide a girl into womanhood. FGM causes severe health issues; they range from infections, mental health or menstrual problems to the need for surgeries or even death.

Photo by UNFPA/George Koranteng

The relationship between FGM and international human rights law

FGM “violates a number of recognized human rights protected in international and regional instruments”[1]. Kandala and Komba identified five rights that are breached by the practice:[2]

Child rights – Most girls and women undergo FGM before their 15^th birthday. Art. 16 of the Convention on the Rights of the Child, for instance, prohibits any interference with the privacy of children; furthermore, Art. 24 (3) urges states to adopt “measures with a view to abolishing traditional practices prejudicial to the health of children”.
Right to health – FGM causes serious health issues, which breaches, inter alia, Art. 12 (1) of the International Covenant on Economic, Social and Cultural Rights. The provision guarantees the right to the highest attainable standard of physical and mental health.
Right of women to be free from discrimination – According to an Interagency Statement, the procedure is a “manifestation of gender inequality that is deeply entrenched in social, economic and political structures” and it “represents society’s control over women”. Hence, Art. 1 of the Convention for the Elimination of all Forms of Discrimination Against Women is applicable, as well as Art. 2, which urges states to fight discrimination.
Right to life and physical integrity – FGM violates Art. 9 (1) of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to liberty and security of a person.
Right to be free from torture – FGM might also amount to torture, which is prohibited by, inter alia, Art. 7 of the ICCPR. The Convention Against Torture has a high threshold for torture; this fact might be problematic, as not all FGM procedures legally qualify as torture.[3]

Supporters of FGM point out that the right to culture, religious freedom and the rights of minorities justify the practice.[4] However, the breaches of the aforementioned human rights are more severe, since FGM undeniably harms the bodily integrity of girls and women and intensifies gender inequality. Furthermore, the conflicting rights are not absolute and may be limited[5] in order to protect girls and women. Generally, there is a lack of jurisprudence regarding FGM and human rights[6]; many cases, such as M.N.N v. Denmark or M.J.S. v. The Netherlands, focus on the risk of undergoing FGM in the event of a deportation.

International response to FGM

A range of international organisations and institutions takes part in the effort to eliminate FGM. For instance, the UN General Assembly adopted Resolution 67/146, which emphasises that FGM is an “irreversible abuse that impacts negatively on the human rights of women and girls”. The UN Secretary-General published a report, which demands that states should, inter alia, implement legislation that criminalises the procedure. Furthermore, the Committee on the Elimination of Discrimination against Women published General Recommendations Nos. 14, 19, 24 with regard to FGM. In 2020, the UN Human Right Council adopted Resolution 44/L.20, which “urges States to condemn all harmful practices that affect women and girls, in particular female genital mutilation”.

UN Photo

Are human rights enough?

The universal recognition that FGM undoubtedly breaches international human rights law is an important step in order to eliminate the practice. Because of human rights, FGM is now part of a broader social justice agenda and of an increasing effort to hold governments accountable[7]; additionally, FGM is “viewed through a prism that recognizes the complex relationship between discrimination against women, violence, health and the rights of the girl child”[8].

However, this recognition alone is not sufficient, the law must be implemented and enforced on a national level. Furthermore, since FGM is such a deeply entrenched practice, a deep-seated social change within each community is needed; the Interagency Statement suggests initiatives like ‘empowering’ education, public dialogue or using alternative rituals. Overall, the efforts so far have been at least partly successful, as the prevalence of FGM declines steadily; however, the progress needs to be ten times faster in order to reach the 2030 goal. Population growth and COVID-19 are further impediments to meeting the target.

[1] Anika Rahman and Nahid Toubia, Female Genital Mutilation: A Guide to Laws and Policies Worldwide (Zed Books Ltd, 2000), 20.

[2] Ngianga-Bakwin Kandala and Paul Nzinga Komba, Female Genital Mutilation Around The World: Analysis of Medial Aspects, Law and Practice (Springer International Publishing AG, 2018), 190-192.

[3] Ngianga-Bakwin Kandala and Paul Nzinga Komba, Female Genital Mutilation Around The World: Analysis of Medial Aspects, Law and Practice (Springer International Publishing AG, 2018), 192.

[4] Anika Rahman and Nahid Toubia, Female Genital Mutilation: A Guide to Laws and Policies Worldwide (Zed Books Ltd, 2000), 31.

[5] Ibid., 38.

[6] Ibid., 20.

[7] Anika Rahman and Nahid Toubia, Female Genital Mutilation: A Guide to Laws and Policies Worldwide (Zed Books Ltd, 2000), 39.

[8] Ibid.

female genital mutilation, FGM, girls' rights, Human Rights, international law, traditional practice, women's rights

Human Insecurity: Can ‘ISIS Brides’ Be Victims of Human Trafficking?

June 2, 2021 GJA Admin Conflict, Gender, Human rights, Human Trafficking, ISIS, Middle East, Palermo Protocol, Security, Sexual Violence, UNCRC, Women

This is the third blog in a series written by LLM students on the Human (In)Security course at Edinburgh Law School. The series celebrates the top five blogs selected in a class competition. This blog is by Isobel Murray John. Isobel is from the Highlands of Scotland and finished her LLB at Edinburgh University before taking a year out and returning to read the LLM in International Law. You can follow her on Twitter @IsobelMurrayJo1.

Choice or coercion? Can ‘ISIS brides’ be victims of human trafficking?

Human trafficking exists in many shades of grey. A standard victim profile simply does not exist. Restricting who we consider as legally legitimate victims may leave those who do not fit the traditional mould, open to further exploitation. An example of when lines seem blurred, often to the detriment of the ‘victim’, is seen in the case of girls who are ‘recruited’ to become brides for ISIS. Often as young as 15 they are lured by promises of a more religiously fulfilled life with a loving husband. Yet they often find themselves forced to live as slaves with little regard for their fundamental human rights. The global narrative surrounding these girls centres around the fact that they made the choice to travel to join ISIS, and therefore how could they possibly be victims of human trafficking. This blog post will examine this flawed narrative and explore how the legal definition of ‘human trafficking’ can actually fit the exploitive circumstances these girls find themselves in. There should be more acknowledgment and empathy from society rather than disgust and ostracism.

Current international law on human trafficking

To understand whether ‘ISIS brides’ could be considered as victims of human trafficking it is necessary examine if the current international law can be applied. Most importantly, the United Nations’ Protocol to Prevent, Supress and Punish Trafficking in Persons (Palermo Protocol) states that trafficking is the:

Recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.[1]

Exploiting people deceived into that position is the key element of trafficking. There is no ‘one-size fits all’ standard definition of exploitation. The Palermo Protocol notes that exploitation can include; sexual exploitation, slavery and forced labour or services.[2] So can these young girls who find themselves lured in by ISIS recruiters be considered as having been deceived and exploited? They are certainly deceived by tales of the ‘joys of sisterhood’ and the promise of love and religious fulfilment. The groups aggressively groom and manipulate these girls, often over social media,^[3] showering them with praise and flattery. Once they arrive they almost instantaneously become the man’s property, and find themselves forced into virtual slavery.

Are ISIS brides exploited?

Muslim woman in burqua with two female children

AFP/Getty Images

Montgomery notes that these women find that their role is, “is circumscribed for childbearing, marriage, cooking and cleaning, and they may not even be able to leave the house.”[4] One told of being ‘gifted’ to her husband’s friends and raped until she would

pass out. Another was trafficked at 14, married against her will, pregnant by 15, then again at 16. The realities of stoning’s, beatings and sexual slavery, not to mention the torment of being constantly pregnant is not something you would wish on your worst enemy let alone a child. Yet the fact that many of these girls are under the age of 18 when they first become exposed to this deception and coercion, thus legally considered to be children according to the United Nations Convention on the Rights of the Child, seems to be forgotten.[5] The UK Government Home Office guidance on human trafficking acknowledges that young people and children, due to their dependent status, will be far more susceptible to psychological coercion. It even states that individuals may appear as “willing participants”.[6]

Unrepentant or brainwashed?

These girls face huge stigma and backlash based on their ‘choice’ to leave their own countries and join these groups. They are believed to have made these judgements clearly and in sound mind, and therefore the punishment should be representative of this. Yet how much of a choice is it? Domestic judicial systems must recognise the likelihood that these girls have been trafficked. Understandably, each case should be judged on individual circumstances as the complexity of motivations and roles of these woman is diverse.[7] Often however, the hallmarks of the Palermo Protocol’s definition of trafficking are present. These girls are groomed and deceived into making the decision to travel to join ISIS. Once there, they move around with the group, are sexually exploited and treated in a manner which totally denies their dignity and fundamental human rights.[8]

Credit: Anthony Loyd/The Times/News Licensing

Famously, Shamima Begum has been described as “unrepentant and without regret” when asked about her decision to leave the UK and marry a Dutch ISIS fighter. Consequently, she, along with many other British women, has been stripped of her citizenship on the basis of ‘security fears’. Hannah Arendt poignantly describes citizenship as the “right to have rights”. Such an extreme response- to strip these women of their citizenship- should only be justified by unmitigated wrongs and must fully recognise the individual circumstances. The phrase ‘recruit’ is often used when describing these women, which only encourages a global narrative that such women are not victims but equitable with male fighters. The women will sometimes fight too, but the fundamental issue is that women are not lured to ISIS for to their fighting ability. It is the male sexual appetite and the securing of a future ISIS generation which prompts the demand for women. They are deceived and exploited purely for their bodies.

How to move forward?

Further guidance should be provided on the application of the Palermo Protocol for cases which are not clear-cut, particularly regarding potential victims of trafficking by terrorists. Additionally, domestic legal systems should examine their implementation and interpretation of the protocol in such cases. The assumption in general discourse around trafficking is that it happens from a ‘poorer’ country to either another similar country or a ‘wealthier’ country. It is seen as inconceivable that victims may be transported from the West to less affluent and war-torn countries such as Syria. There is no standard victim of human trafficking. ‘Willing participation’ does not justify ignorance of circumstances that may well fit the legal definition of trafficking. While it should be reinforced that this may not mitigate potential crimes these young women may have committed, it must be taken into account. Very often they are deceived, coerced and brainwashed before being exploited for their bodies. This cannot be ignored.

[1] UN General Assembly, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, Article 3(a).

[2] Ibid

[3] Gladstone, R, “Twitter Says It Suspended 10,000 ISIS-Linked Accounts in One Day.” New York Times. 9 April 2015

[4] Katarina Montgomery, ‘ISIS Recruits Brides to Solve Middle East ‘Marriage Crisis’, Syria Deeply, (2015).

[5] UN Commission on Human Rights, Convention on the Rights of the Child, 7 March 1990, E/CN.4/RES/1990/74, Article 1.

[6] UK Home Office, ‘Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and Non-Statutory Guidance for Scotland and Northern Ireland, January 2021, at Section 2.18.

[7] Cook, J & Vale G, ‘From Daesh to Diaspora: Tracing the woman and minors of Islamic State.’ ICSR Report, Kings College London (2018), at p.26.

[8] Binetti, A, ‘A new frontier: human trafficking and ISIS’s recruitment of woman from the west’, Information2Action, Georgetown Institute for Woman, Peace & Security, (2015) at pp.2-3.

Children, Human Trafficking, ISIS, Palermo Protocol, Shamima Begum, Victims, Women

Peacebuilding and Syria: What Hope?

November 20, 2018 Harriet Cornell Human rights, Innovative Initiative Fund, Middle East, Peace, Peace Processes, Political Settlements, Refugees, Syria

Between 13-15 October 2018, the Global Justice Academy co-hosted a weekend of events joining Relief & Reconciliation for Syria with peacebuilding communities in Scotland. This post from Dr George R. Wilkes, reflects on the series of events that took place.

The prospect of an inclusive peacebuilding process in Syria looks bleak now. From the perspective of millions of Syrians who have fled regime controlled areas, atrocity, terror and armed extortion all confront attempts to straddle divisions to talk about peace. Refugees face daily existential pressures in the face of which peace talks appear distant and untimely. Critics of regime ‘reconciliations’ see the concept reduced to the mechanics of overpowering the regime’s outlaws. In regime territory, a more inclusive embrace of populations controlled by Islamist armed groups is undercut by the sense that violence and terror were the inevitable result of a religious fundamentalism shared widely within those populations, and by the international supporters of those forces.

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MBA Team Syria: Making a Difference to the Community

March 21, 2016 Harriet Cornell Citizenship and Belonging, Conflict, EU, Globally Just Leadership, Human rights, Immigration, Local-Global Connections, Refugees, Scotland, Students participate!, Syria

As a part of the Strategic Leadership course on Edinburgh’s MBA programme, a group of five students organised a social event to help draw awareness to the Syrian refugee crisis. In this guest post, Debjani Paul offers an overview of the event, which centred around the the personal life experiences of three Syrians now settled in Edinburgh – Aamer Hanouf, Hussen Al Ajraf, and Amer Masri.

With the rising global concerns including climate change, an increase in global population, poverty, and terrorism, world leaders have much to focus on. It is becoming a new norm for companies to be socially responsible by promoting sustainability and contributing at least in one of the global concerns, also known as Corporate Social Responsibility. This is the ethical way to do business that every future leader should practice.

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What obligations, if any, does a state in Europe have towards boat people attempting dangerous sea crossings?

March 8, 2016 Harriet Cornell Conflict, EU, Europe, Human rights, Immigration, Inequalities, Innovative Initiative Fund, Middle East

This was the question Professor David Miller from Oxford University addressed on 4 February 2016 in a well-attended lecture hosted by Edinburgh University’s Global Justice Academy and Just World Institute.

In this blog report from the lecture, Yukinori Iwaki reflects on the day’s discussion and points raised. Yukinori Iwaki is a PhD student in Politics and International Relations at the University of Edinburgh. Click here to read more about his research.

Professor Miller began his talk by noting the 2014 UK government decision not to support Triton, a search-and-rescue operation proposed by the EU that could have potentially saved the lives of sea-crossing migrants, or “boat people”. The main reasoning behind this decision was the claim that search-and-rescue encourages people to attempt dangerous sea crossings in the greater expectation of being rescued, and therefore, in the long term, will bring about more deaths. This seems to be a consequentialist argument that considers effects of alternative ways of using resources in order to minimise the loss of lives overall. Meanwhile, critics argue that European states have stringent obligations to protect rights of migrants. But is it true that the critics’ argument occupies the moral high ground while the UK government’s argument is morally defective? The answer Professor Miller gave us was: ‘Not necessarily’.

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The Refugee Crisis: Where to Begin?

November 23, 2015 Harriet Cornell Atrocities, Human rights, Immigration, Refugees, Syria

In the wake of the recent attacks in Paris and Beirut, anti-refugee rhetoric has continued to grow in the British press and on social media. In this post, GJA Managment Group member, Dr Kasey McCall-Smith, reflects on her recent visit to a refugee camp in Serbia. Dr McCall-Smith is a Lecturer in Public International Law at Edinburgh, and Programme Convenor for the GJA’s LLM in Human Rights.

Many weeks ago, I had the privilege to visit a refugee camp in Belgrade, Serbia. The experience was double-edged because it was harrowing to speak to and move in and among individuals who were fleeing from horrors that I could never personally imagine. At the same time, there was courage among these people who were travelling thousands of miles, away from their homeland, towards an idea. That idea is something that is often hard to define but what I will simply refer to as hope.

In the Syrian man, who had been on the site for two weeks with his twin one-year old daughters and his wife, there was hope for a landing place where he could raise his daughters without fear.

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Serving women in Iraq and Syria: has UNSCR 1325 made a difference?

November 16, 2015 Harriet Cornell Citizenship and Belonging, Conflict, Gender, Iraq, Middle East, Peace, Political Settlements, Syria, Women

Rosie Ireland is a student on this year’s LLM in Human Rights at The University of Edinburgh. This is Rosie’s second report as a Global Justice Academy Student Ambassador – from the 2015 Montague Burton Lecture, which was delivered by Frances Guy on 2 November. Frances Guy is the Head of the Middle East region at Christian Aid. Rosie’s report outlines the key points made during the lecture, which was entitled ‘Serving women in Iraq and Syria: has UNSCR 1325 made a difference?’.

It is nearly the fifteenth anniversary of the UNSCR 1325; the first ever resolution aimed to enhance the role of women in peace building. Frances Guy analysed the effectiveness of the resolution in the context of Iraq and Syria in relation to four key areas: participation, protection, prevention, and relief and recovery.

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Refugee Crisis Response Event I: The Roots of the Syria Crisis

October 13, 2015 Mathias Thaler Conflict, Middle East, migration, Refugees, resources, Response, Syria

As a contemporary and prominent topic, a panel event discussing the roots of the Syria crisis was always going to be well attended. In front of a packed lecture theatre, on October 6^th 2015, Dr. Thomas Pierret, Dr. Manhal Alnasser, and Arek Dakessian presented their points of view on the causes and changing shapes of the crisis in Syria since the popular uprising in 2011, chaired by Dr Sarah Jane Cooper Knock. Each speaker brought their experiences as academics, practitioners and personal stories to the event.

Internal issues, not proxy war

Thomas began the discussion by raising the two prominent explanations for conflict in Syria: the first, which he subscribes to, that it was a domestic problem which became internationalised; and the second, that it was a proxy war from the outset. He argued that the conflict started with the popular uprising against Bashar al-Assad’s authoritarian regime, in which the power lies in family patronage networks rather than institutions. The immediately repressive state response, sectarian-social divides between police and protestors, and subsequent defections, all led to the formation of a crowdfunded armed movement against Assad, which was a well-established force before international actors became involved. Finally, he claimed that the regime is now compensating for its lack of manpower with increased firepower, and that this has led to mass displacement through the total destruction of rebel-held areas, especially cities.

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Whatever happened to freedom of conscience?

February 6, 2015 Harriet Cornell Conflict, conscience, Ethics, Human rights, Iraq, liberty, Middle East, Religion, Syria

Professor Toby Kelly is Head of Social Anthropology at the University of Edinburgh and Deputy Director of the Global Justice Academy.

Northern Ireland MLA, Paul Givan has proposed a Freedom of Conscience Bill. Invoking a three hundred year tradition of freedom of conscience and the Universal Declaration of Human Rights, Givan calls for greater toleration of different beliefs. Yet, Amnesty International has said the bill was ‘not welcome and is not needed at all’. Indeed, it went so far as to say ‘what is proposed is not a conscience clause, it is a discrimination clause’. At first glance this appears a little surprising, given that Amnesty first came to public prominence as an organization that campaigned explicitly for freedom of conscience, and Prisoners of Conscience still play a significant part in Amnesty’s activities.

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Is Climate Change Causing Conflict in Iraq-Syria?

September 26, 2014 Harriet Cornell Climate Change, Conflict, environment, Human rights, Impact, International development, Iraq, Middle East, sustainability, Syria

This guest post is by Nicaylen Rayasa. Nicaylen is studying for a Bachelor’s degree in Meteorology and Environmental Studies at Ohio University. Along with fellow GJA-blogger, Janice Brewer, Nicaylen took the ‘Place-Making and Making-Places’ summer school module at the University of Edinburgh during July 2014 – you can read more about the group and their investigations of Global Justice here. In this post, Nicaylen considered the rise of Islamic State and how this intersects with climate change.

This past winter in the Fertile Crescent was particularly harsh for farmers, in what is usually the wettest part of the year. It ended up to be the hottest and driest winter on record.

While prolonged droughts and record heat have been commonplace for many parts of the world, the Iraq-Syria region brings an interesting political dynamic to the climate regime.The region’s climate is based historically on dry summers and rainy winters. However, climate change and the uptick in temperatures has transformed land use and increased desertification during extended droughts. Extreme versions of hot, dry summers have been more prevalent.

The Iraq-Syria conflict in the Middle East has been a growing regional issue for years now. ISIS (Islamic State of Iraq and Syria), the Sunni Jihadist organisation responsible for the newfound violence in the region, arose earlier this year. Their emergence coincidently occurred during the hottest March-May period on record in Iraq.

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