Tag Archives: Criminal Law

A branch of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons, and fixes the penalties and modes of treatment applicable to convicted offenders.

Circumcision and excision: Towards a non-law of bioethics?

J Int Bioethique. 2015 Jul;26(3):63-75, 263.

Circumcision and excision: Towards a non-law of bioethics? [Article in French]

Delage PJ

ABSTRACT

This article defines the practices of circumcision and excision, and studies their foundations. Then, it considers some of the conflicts (of rights, laws and cultures) inherent to these practices. Finally, it suggests that the solution to these conflicts may not lie in the law, but in a non-law of bioethics.

This article can be accessed in this LINK

Female genital mutilation. Review and aspects of medico-legal interests.

Cuad. med. forense v.16 n.3 Sevilla jul.-sep. 2010 FREE

 

Female genital mutilation. Review and aspects of medico-legal interests. (Article in Spanish)

Gallego MA, López MI

ABSTRACT

The gradual arrival in Spain of people from sub-Saharan Africa, has highlighted the practice of a series of ancient rituals in girls, harmful to their health, and which are encompassed within the concept of Female Genital Mutilation in accordance with the WHO definition. In our country these acts are classified as a crime of injury. Therefore they are likely to raise legal medical evaluations. We consider it particularly important knowledge of these practices on the part of professionals in the forensic medicine.

This article can be accessed in this LINK

Public health, cultural norms and the criminal law: an inconvenient union? A case study of female genital cutting.

Med Law. 2012 Sep;31(3):451-72.

Public health, cultural norms and the criminal law: an inconvenient union? A case study of female genital cutting.

Iyioha I.

Faculty of Law, University of Western Ontario, London ON, Canada. Ireh.patricia@gmail.com

ABSTRACT

Social and cultural stereotypes held about women and their health needs constitute a significant barrier to the enforcement of laws protecting women’s health. While the promulgation of remedial legislation to address the problem is a positive step towards protecting women’s health, these laws are promulgated in a cultural milieu that remains unwelcoming to women’s rights. The clash between long-held cultural perceptions and health laws, such as those affecting women’s reproductive health, engenders more problems for women’s health because the laws sometimes fail to produce the desired behavioural changes. This paper attempts to debunk the uncritical assumption that legislative reforms without more are positive instruments of change in protecting women’s health. In outlining this thesis, the paper examines the legal prohibition of Female Genital Cutting (‘FGC’) as a case study. To determine whether FGC prohibition laws are likely to be effective in achieving the public health agenda of protecting women’s health, the paper analyzes FGC laws against the normative and instrumental theories of legal compliance, as well as against the socio-cultural worldviews underlying the practice. It concludes that legislative efforts to protect women’s health may remain ineffective without structured efforts between health systems, governments or legal institutions and the cultural society.

There is no LINK to view this article online.

Problems with Criminalizing Female Genital Cutting

Peace Review: A Journal of Social Justice. 2003 15(4): 471-477

Problems with Criminalizing Female Genital Cutting

Antonazzo M.

ABSTRACT

Female genital cutting (FGC) has become the most well-publicized and frequently debated issue affecting the lives of African women. Western feminists brought the issue to the forefront during the United Nations Women’s Decade of 1975–1985. Since then, several conferences and international plans of action have sought to eliminate this practice. At the 1995 United Nations Fourth World Conference on Women in Beijing, Hillary Rodham Clinton said, “It is a violation of human rights when young girls are brutalized by the painful and degrading practice of female genital mutilation.” In their joint statement, the World Health Organization (WHO) and the United Nations (UN) Children’s and Population Funds refer to these practices as “female genital mutilation.” They define this term to mean “all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural or other non-therapeutic reason.” The WHO/UN statement says the cutting predominantly occurs in 28 African countries, but is also performed in Asia and among immigrant groups in Europe, Australia, Canada and the United States. They classify genital cutting into four types. Type I is defined as the excision of the prepuce, with or without excision of part of the clitoris. Type II is the excision of the clitoris with partial or total excision of the labia minora. Type III includes the excision of part or all of the external genitalia and stitching/narrowing of the vaginal opening (infibulation). And Type IV is unclassified and includes pricking, piercing, stretching, burning, scraping and any other procedure that falls under the de.nition of female genital mutilation given above.

This article can be purchased in this LINK

Criminalisation, sexual and reproductive rights, public health–and justice.

Reprod Health Matters. 2009 Nov;17(34):4-9. doi: 10.1016/S0968-8080(09)34492-4. FREE

Criminalisation, sexual and reproductive rights, public health–and justice.

Berer M.

EXTRACT

The papers in this journal issue are about the law and criminalisation relating to rape and sexual violence, female genital mutilation (FGM), selling and buying sex, provision and use of modern contraception and induced abortion, homosexuality, and HIV transmission and exposure. The papers are highly thought-provoking, especially when read together, not least because the question of whether criminalisation is a good thing or a bad thing must be answered quite, quite differently in relation to each criminalised practice explored. It is easy to argue why modern contraception and induced abortion should be legal because they are necessary to protect women’s lives and health, and that sexual identity is inherent in the person and must be respected by society and protected in law. It is not so easy to determine how justice should be best served, as opposed to exacting retribution or revenge, or how to protect the rights of both perpetrators and victims, when a serious or life-threatening harm has been done, including and even in the absence of criminal intent to harm, as with HIV transmission and exposure….

This article can be accessed for free in this LINK

Female circumcision/female genital mutilation in the United States: legislation and its implications for health providers.

J Am Med Womens Assoc. 1997 Fall;52(4):179-80, 187.

Female circumcision/female genital mutilation in the United States: legislation and its implications for health providers.

Key FL.

Law and Policy Project, Columbia University School of Public Health, New York City, USA.

ABSTRACT

Criminal laws prohibiting female circumcision/female genital mutilation (FC/FGM) have recently been passed in the US Congress and in several state legislatures. The full effect of criminalization on prevention and on the overall well-being of immigrant groups from FC/FGM-practicing countries is currently unknown and will ultimately depend on, among other things, the precise interpretation of the laws by courts and local authorities. Meanwhile, the content of these laws prompt questions about their intended and inadvertent effects on FC/FGM, including: What acts are criminalized under these laws? Will criminalization prevent them? Do the laws have the potential to do more harm than good? The appropriateness of prosecuting FC/ FGM under existing child protection statutes is also raised.

There is no link to view this article online.

Female genital mutilation. Review and aspects of medico-legal interests

Cuad. med. forense v.16 n.3 Sevilla jul.-sep. 2010

Female genital mutilation. Review and aspects of medico-legal interests [article in Spanish]

MA. Gallego; MI. López

Médico forense. Instituto de Medicina legal de Cataluña.

ABSTRACT

The gradual arrival in Spain of people from sub-Saharan Africa, has highlighted the practice of a series of ancient rituals in girls, harmful to their health, and which are encompassed within the concept of Female Genital Mutilation in accordance with the WHO definition. 
In our country these acts are classified as a crime of injury. Therefore they are likely to raise legal medical evaluations. We consider it particularly important knowledge of these practices on the part of professionals in the forensic medicine.

This article can be accessed in this LINK