Conclusion
In thinking about the place of law in addressing FGM/C, it is crucial to reflect on what laws aim to achieve. Laws are a reflection of the norms and standards that society wants to live by; they resolve disputes and protect individual rights and liberties. Recognising that not everyone agrees with or will adhere to the law, its implementation and enforcement then serve various functions from deterrence, punishment, and rehabilitation to redress. Research has shown that legislation alone is not effective in changing attitudes towards and the prevalence of FGM/C, but has proved promising as a key component of a comprehensive response complemented by measures/strategies that address the underlying social and cultural norms that are the root of FGM/C. These include education, community engagement approaches, and the use of religious and cultural leaders to set the standard of norms. The law has been leveraged to enable human rights conversations and opened up space for communities to discuss and interrogate not just FGM/C but numerous gender inequality issues towards the achievement of gender-transformed societies.
The law acts as a catalyst to change social and cultural norms towards abandonment. It is most effective in communities where there is already a leaning towards abandonment and, most importantly, in contexts where the community fully understands the law and its implications. Adoption, implementation, and enforcement of the law must involve the community. There is evidence that where strict enforcement is accompanied by proper monitoring and reporting, there is a decline in the practice. Furthermore, community-level enforcement, such as the formation of anti-FGM/C committees and fines imposed at local levels, accompanied by awareness-raising of FGM/C among families, has been effective in preventing FGM/C.
In order to address concerns raised by emerging issues such as the misapplication of legal provisions, which leads to further violation of victims’/survivors’ rights (e.g. re-victimisation), it is necessary to revise and amend the legal provisions to reflect the spirit of the law, and also train law enforcement and judicial officers on prosecution and sentencing. Further research is also needed on how the application of the law is counterproductive, and on the wider social implications for victims and those most marginalised who bear the brunt of prosecution and conviction. There is a need to understand what other strategies within justice systems can complement prosecutions and convictions.
The law as a lone strategy cannot achieve the total eradication of FGM/C; its importance lies in what it contributes to the multidimensional efforts towards ending the practice. Most crucial is the role of law in asserting women’s and girls’ rights, giving them a platform for redress, enabling the development of policies that ensure the provision of services and resources for those at risk and survivors, and allowing critical conversations to address challenges, emerging issues, and implementation of the law towards a common goal of ending FGM/C.