Criminalization of Female Genital Mutilation Practices - Assignment Example

Law in Society Essay 5 The criminalization of female circumcision relies on a discourse of autonomy, freedom, and consent. Critically discuss Question on what one does with her body is a decision that follows the parameters of the law. Female circumcision is often attached to culture; however, the law views it as against the female rights of having a non-mutilation culture. The parameter of the law observes that the information about circumcisions is applied based on the body requirements and the desires of the society. Perhaps, the parameters engage the democracy that is supposedly required to negotiate on behalf of the communities in becoming multicultural (Leye, 2001, p. 113). It is critical to note the myth compared to the realities concerning female genital mutilation (FGM). They claim that circumcision for women hence their sexual pleasure, it is often ascribed to a certain culture that the purposes are to promote health and it is for a good purpose. However, consent is never sought when promoting the act as the women have no room for decisions for themselves covering the circumcision (Obermeyer, 1999, p. 79). According to sentiments outlined by president Barrack Obama on his tour in Kenya, he noted that female genital mutilation should have no place in the 21st century. This raises cultural arguments concerning the continuity of the practice. The patriarchy as part of the societal cultures depicts the practices as demeaning and is referred to be some of the empowerment programs for women (Ahmadu, 2000, p. 28). However, health complication may occur during the process, hence working as a trade-off when making comparisons between health practices. Associating pain with only western culture is absurd considering the human reaction to any form of mutilation is inevitable. The singular anecdote based on Carla Obermeyer performance FGM follows the assertion made by the epidemiological quality control to follow the criterion using a singular anecdote (Obermeyer, 1999, p. 85). The information gathered about FGM is established on a singular anecdote hence little is revealed on the perception of the people. Anecdote works in terms of telling horrific ordeal about FGM. They are deemed to follow a monolithic perspective as the story is narrated (Leye, 2001, p. 117). Ideally, listening to the story makes the whole ordeal legitimate in this way any community effort is overshadowed by the created knowledge about FGM. The position of Australia raised community concerns about the legalization of the FGM. Eritrean community of Australia follows inadequate timeframes sin providing evidence (Ahmadu, 2000, p. 45). The concept of FGM is difficult to define. Often the term is used depending on the context, whenever there is resistance it is referred to as female circumcision while in the context of trying to oppose it is referred to as the FGM (Worton & Wilson-Tagoe, 2004, p. 99). The different cultural practice in form of consent and autonomy of an individual, however, it falls under the disobeying individual consent and primarily the culture takes over in deciding about the ordeal. The removal of the genital part partially of a girl is argued to help a girl to be considered a woman. However, the perspective of the government is to stop the severity of the practice which considers the FGM practice as violating the rights of the girls and women (Nnamuchi, & Obiajulu, 2012, p. 45). Australia considers FGM as physical abuse under the law. However, there are still incidences concerning the FGM practices taking place. Often people who migrated to Australia undergo the “cut” because of the African origin and the life at the refugee camps. The different forms of mutilations are altogether referred to as a fundamental violation of human rights. United Nations does not condone the practice and has declared it a violation of women and girls rights. Often the process causes shock, pain, bleeding, and bacterial infection. Equally, lack of sexual pleasure childbirth problems and psychological trauma are long-term effects of the FGM (Obermeyer, 1999, p. 97). Owing to the UN intervention, the practice has been criminated in over 18 African countries and industrialized countries like Australia the cultural motivation that drives families to have their daughter undergo the cut. The reasons explained about the practices are complex and multiple hence in exhaustive because of the diversity in culture and perception. The labelling of the practice as child abuse is considered to be driven by gender discrimination was the patriarchal society suppresses women to take fewer roles and make them inactive in the society. The perception that it requires consent and autonomy is invalid because of the autonomy parents have over the way their daughters should live. The cultural and social obligation is the resultant impact of the practice. The family is under pressure because failure to abide by the societal rules and cultural customers, their daughter would be sanctioned in many activities of the community. The community perception also influences their decisions (Ahmadu, 2000, p. 41). They view FGM as a rite of passage, therefore, should be followed and girls to graduate to womanhood. Autonomy on the FGM issues is community responsibility and all the followers are not expected to question the practice but follow the culture to fulfil the values, beliefs, and virtues of the community to remain relevant and avoid being banished from the community. It is apparent that the process reinforces the cultural identity of the people and believes that undergoing the female genital mutilation will guarantee a girl’s chastity and prevent possible fidelity when the women are married (Leye, 2001, p. 122). Arguably, the central role of FGM is on the chastity and preventing infidelity. The modern world has been faced with the overwhelming case of divorce because of infidelity issues. Additionally, jilted couples cite the safety of the health hence the need to leave their marriage. However, given the women were mutilated genetically, the chances of her being involved in infidelity issues are minimal (Nnamuchi, & Obiajulu, 2012, p. 47). The patriarchal society does not consider the role of the man in the prevalence of infidelity since men circumcision only is considered cultural and hygienic but does not affect sexual desire (Obermeyer, 1999, p. 104). Additionally, UNICEF supporting the UN campaigns against the practice calls for zero tolerance when dealing with FGM. The target is to see the elimination of the FGM by 2030. Recent data also shows that the overall decline in the FGM prevalence is because of the efforts over three decades in fighting against the practice (Worton & Wilson-Tagoe, 2004, p. 100). The tenet is not associated with any religion but primarily on the cultural process that usually causes harm and influences one’s person’s views of the process. Women from the most hit areas believed that the practice was healthy hence were not oblivious to the damage they were causing their daughters just because they underwent the cut (Dopico, 2007, p. 23). Criminalization also concerns the protection of the cultural practices by the law turned to jeopardize efforts to end FGM. The Victorian parliament appreciates and recognizes the racial, cultural, linguistic, and religious diversity of the people. Therefore ensures the community values are achieved based on the shared laws, responsibilities, and aspirations. The multiculturalism practice displays the good principles that prevent culture (Wheeler, 2004, p. 257). Problems outlaid about FGM practices include the possibility of death due to heavy bleeding, no antiseptic, reduces sexual pleasure, no health benefits, misogynistic, consistent pain when having sex, and removes the clitoris. The move by the Australian Royal Women’s Hospital bypassing the policy to deny anyone re-infibulations and consider it illegal to re-infibulate women after birth is supportive (Dopico, 2007, p. 21). Advertisements on aesthetic surgery suggest the reduction of the labia in providing grounds to provide suspicion to make the practitioner offensive. The arrest, however, is critical as the laws forbid the reduction of labia or the correction of asymmetry. The law protects patients from doctors who willing to repeat the process. The Australian community in Australia faces an extreme challenge because of the FGM practice. The contribution was to pass laws that ensure their rights are not violated. This way, the African Women working group reacted on the implementation of the law citing that such laws will be detrimental to their practice and the community at large. This implied the consent the community had on their practice. Whoever, the challenge was on having the consent of the girls undergoing the cut least it would be considered physical abuse and inhuman (Leye, 2001, p. 128). There was no proving to show that the girls voluntarily accepted the cut. Another NSW Act was passed that protected women from the FGM practice the guideline of the law suggested that any persons promoting, abetting, and procures are liable to 21 years imprisonment. The harsh law was significant to discourage any adamant FGM supporter or aide from having such views in future. The society and the law should go hand in hand to prevent any form of friction (Wheeler, 2004, p. 259). However, certain backward practices should be abolished for the betterment of the society. Indigenous laws often cite culture as the guiding principle hence those practicing FGM concentrate on the reasoning that FGM will purify the girls and promote marriage while in the real sense it does the opposite as it is a form of abuse against women (Obermeyer, 1999, p. 39). Furthermore, criminalizing the FGM act was necessary because of the detrimental effects the practice had led to traumatized girls who would not desire to proceed with their education. This is because the community considers the rite for marriage hence not necessary for them to “waste” time learning in school. This explains the high level of early marriage among communities that practice FGM (Worton & Wilson-Tagoe, 2004, p. 101). The WHO definition of mutilation refers to extraction of female genital partially. Sanctioning the FGM practice was also because of the violence perpetrated by the oppressive culture on people who entirely believed in myths instated of following facts about FMG (Dopico, 2007, p. 26). The discrimination follows the rising number of injured girls who suffered medical issues after being subjected to FGM. The freedom and cost of women are paramount in getting their response about the process. Given the adverse effects of FGM, it is hard to have women agree to the practice. The ordeal not only is painful but also robs the women her dignity of associating with other girls. The trauma one has after the ordeal is threatening because of the crude tools. Any women would desire to follow the process or see other women undergo the process but because of the culture, they remain supportive of the process despite knowing the consequences of the practice (Obermeyer, 1999, p. 106). The justification of FGM based on psychosexual roles that argue that women are weak emotionally. Therefore, cutting their genitals will help reduce their sexual desire. The patriarchal reasoning puts men on the upper hand being under control of their sexual desire while women are labeled weak. Uncircumcised girls often run wild as per the cultural understanding (Wheeler, 2004, p. 268). The only way to tame them to secure marriages is to remove the sensitive part of their genitals. The reduction of female sexual desire prevents chances of having sexual experiences before being married. Additionally, another reasoning that is criminal is to ensure the women remain faithful to her husband. Literary this should mean the women will have feelings for her husband alone which is absurd as the consequence of FGM leads to lack of sexual desires at all. Justifying the act as social culture practice commits women as objects of culture is instead of appreciating them, by having alternative practices that do not involve mutilation (Ahmadu, 2000, p. 64). The prerequisite assumption that FGM will transform a girl from childhood to adulthood is demeaning as it would only mean transition from freedom to trauma and deprival of sexual pleasure (Wheeler, 2004, p. 271). Ideally, women consider marriage as a tool for survival and a way of achieving economic security. In this way, marriage is emphasized and the FGM preconditions come by in handy hence putting women under pressure to undergo the cut to secure a husband for their economic prosperity (Ahmadu, 2000, p. 10). Conclusively, criminalization of FGM practices is essential in the process of achieving fundamental rights for wiremen and girls. The lack of consent in the practice deprives the cultural practice of freedom. It is a demeaning practice that requires absolute prohibition. Fighting for freedom of women is significant in achieving the free FGM society. Women play a critical role in the society and depriving them of their consent and autonomy only cripples the whole society under patriarchy. Support services, for example, UN and other community-based organization that rescues girls from undergoing FGM should be there in handy. References Ahmadu, F. (2000). ‘Rites and Wrongs: An Insider/Outsider Reflects on Power and Excision’ in Shell-Duncan, Bettina and Hernlund, Ylva, eds Female Circumcision in Africa: Culture, Controversy and Change. Lynne Reinner Publishers Boulder London. Dopico, M. (2007). ‘Infibulation and the Orgasm Puzzle: Sexual Experiences of Infibulated Eritrean Women in Rural Eritrea and Melbourne Australia’ Hernlund, Ylva, and Shell-Duncan, Bettina. (eds) Transcultural Bodies: Female Genital Cutting in Global Context. USA: Rutgers. Leye, E. (2001). The Struggle Against Female Genital Mutilation/Female Circumcision. Understanding Circumcision, 113-128. doi:10.1007/978-1-4757-3351-8_7 Nnamuchi, & Obiajulu. (2012). Circumcision or Mutilation - Voluntary or Forced Excision - Extricating the Ethical and Legal Issues in Female Genital Ritual. EngagedScholarship@CSU. Obermeyer, C. (1999). 'Female Genital Surgeries: The Known, The Unknown and the Unknowable.’ (1999) Medical Anthropology Quarterly, Volume 13. Issue 1. p.79 - 106 Wheeler, P. (2004). Eliminating FGM: The role of the law. The International Journal of Children's Rights, 11(3), 257-271. doi:10.1163/157181804322794422 Worton, M., & Wilson-Tagoe, N. (2004). National healths: Gender, sexuality and health in a cross-cultural context. London: UCL. Read More