Introduction
The primacy of the protection of fundamental rights over any customary practice (even if it is considered a cultural manifestation) is often understood as a Western concept which lacks understanding of local or religious particularities. While all cultures deserve to be recognised as equally valuable, certain practices can nonetheless be harmful to individual rights and women’s rights. Those rights are now enshrined in several international documents and seen as norms that (should) bind the signatory states. Between the 1980s and 1990s, FGM/C shifted from being an issue that tended to be seen only from a health point of view, and became a human rights issue.
From the 1990s onwards, from the perspective of anti-FGM/C organisations and activists, it began to be seen as a form of violence against women (VAW). The recognition of FGM/C as a harmful action in the private realm was an important step in the mainstreaming of human rights agendas, which are key to building a culture of justice and equality, and to engaging states in the enforcement of those values. In recent years we have seen the multiplication and consolidation of international instruments designed to tackle FGM/C, such as UN resolutions, international conventions, and regional pacts. This chapter will trace the historical development of these various instruments, in order to understand how global approaches to eradicating FGM/C have changed over time, and what challenges have been faced along the way. It will list and discuss these documents and instruments, in the context of the time when they were produced, and ask whether they have de facto been effective. The chapter concludes that the above-mentioned shift in the international agenda has been influenced by a complex interplay of social, political, and human rights factors, which reflect a growing global awareness of the harmful impact of FGM/C and a collective commitment to addressing it.
Understanding FGM/C in context
Understanding the historical roots of FGM/C, and the scenarios in which FGM/C is practised today, involves acknowledging the cultural diversity within and across regions, and recognising that the practice is deeply intertwined with complex social, cultural, and historical factors. It is vital to consider the specific contexts in which it occurs. The social norms and beliefs surrounding FGM/C are deeply ingrained in practising communities, where people view it as a way to uphold cultural identity, maintain social cohesion, and ensure the continuity of established practices. (See the Introduction to this volume for a discussion of social norms.) The acceptance of FGM/C is often passed down through generations; families may continue the practice because it has been normalised within the community over time in a chain of transmission of beliefs (Boyle and Svec 2019). Therefore, addressing FGM/C must consider nuanced approaches that recognise and respect cultural contexts while challenging harmful social norms and beliefs, and encourage abandonment.