ChildRIGHT: In a nutshell -- Guidance renews fight against practice of FGM

What is female genital mutilation?

Female genital mutilation, or FGM, is a serious form of child abuse. It is a cultural practice that is prevalent in a number of African, Asian and Middle Eastern countries, as well as in diasporas from these countries around the world, including in the UK. According to the Foreign and Commonwealth Office, up to 24,000 girls in the UK under the age of 15 are at risk of FGM. The age at which girls are subjected to FGM is usually around puberty, but can range from birth to adulthood. Cultural reasons for which parents may choose to subject a girl to FGM include that it will bring the family and the girl status and respect; it will preserve her virginity or chastity; or that it will increase her chances of marriage.

Is FGM unlawful in the UK?

FGM in all its forms is prohibited in the UK under the Female Genital Mutilation Act 2003 which came into force on 3 March 2004. This act replaced the Prohibition of Female Circumcision Act 1985, strengthening the prohibition of the offence through several key amendments.

Under the FGM Act 2003, the offence of FGM is defined as: "(1.1) A person is guilty of an offence if he excises, infibulates, or otherwise mutilates the whole or any part of a girl's labia majora, labia minora or clitoris." The act clarifies that any "surgical operation on a girl which is necessary for her physical or mental health" (1.2a), or "a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth," (1.2b) is not considered an offence under the act if committed by an "approved person", which is defined as a registered medical practitioner (if performing a surgery falling within section 1.2a), or a registered medical practitioner or midwife, or a person undergoing a course of training with a view to becoming such a practitioner or midwife (if performing a surgery falling within section 1.2b). Such operations performed by approved persons outside of the UK are also not considered as falling within the punishable offences of the act.

Is it an offence in the UK to carry out FGM abroad?

One significant amendment made in the FGM Act 2003 is that it is now an offence for UK nationals or permanent residents to carry out FGM abroad, or to aid, abet, counsel or procure a person who is not a UK national or permanent resident to do a relevant act of FGM outside the UK. As a result, members of FGM-practising communities living in the UK are prohibited from taking girls abroad to be subjected to FGM. This is particularly important, as research shows that many girls in the UK are at risk of FGM during school holidays when families travel back to their countries of origin, and when the girl's absence from school is not noticed.

The FGM Act 2003 also increased the maximum penalty for committing or aiding FGM from five years' to 14 years' imprisonment.

On 7 September 2011, the Crown Prosecution Service (CPS) issued new guidance for prosecutors setting out the elements of FGM and the obstacles that they may face in bringing a case to court, such as retraction of victim statements due to pressure from families and communities.

The guidance was issued with a view to increasing prosecutions for FGM. It is hoped that the new guidance will raise awareness of FGM and help prosecutors to hold perpetrators accountable.