The D.C. Council is considering the 'Female Genital Mutilation Prohibition Act of 2024.' It had its first reading in July and will be up for its second and final reading soon. It aims to address the issue of female genital mutilation (FGM) by introducing stricter laws to prevent the practice in the District to protect those at risk.
What is FGM?
FGM is recognized worldwide as a human rights violation. FGM is banned federally in the U.S., and the ban extends to taking someone out of the country to perform it. Those found guilty of violating the ban face potential prison time and possible deportation. As of August 2023, 41 states had laws against FGM. States without bans include Alabama, Alaska, Connecticut, Hawaii, Maine, Mississippi, Montana, Nebraska, New Mexico, and Washington, D.C. Of the states with laws, 25 ban transporting someone for FGM, 33 allow prosecuting parents or guardians involved, and 31 do not accept cultural or religious reasons as a defense.
Along with the U.S., FGM occurs in many parts of the world, with higher rates found in parts of the Middle East, Asia, and Africa. Though often tied to cultural practices, some contend that FGM should be primarily considered as a form of brutality. Even worse, this association with specific cultures can lead to stigmatization and racial profiling in Western countries.
Globally, FGM is practiced in 92 countries, with 51 having laws against it. UNICEF estimates over 230 million people have undergone FGM, with around 4 million new cases each year. Unfortunately, only 32 countries collect dependable data on the practice, making measuring its true global scope hard.
What Does the Female Genital Mutilation Prohibition Act of 2024 Do?
The bill defines female genital mutilation as any non-medical procedure involving the partial or total removal of, or other injury to, the external female genitalia. This would include procedures such as clitoridectomy (removal of the clitoris), excision (removal of the labia minora), infibulation (narrowing of the vaginal opening), and other dangerous procedures.
It would make it a criminal offense to perform FGM on anyone and illegal for one's parents or guardians to consent to, aid, or promote FGM to minors. Additionally, it forbids taking a person under 18 out of D.C. to perform FGM if it is considered a criminal offense at the destination. Those convicted of disobeying the law could face up to 10 years in prison, a fine of up to $25,000, or both. The bill also explicitly states that one can not claim as a defense that FGM is part of their religion, custom, or ritual.
Individuals who have undergone FGM are allowed to file a lawsuit against anyone found to be responsible. The court can award damages, including compensation and punitive damages, and cover the victim's legal fees.
In enacted, the bill would direct the D.C. Department of Health to develop and distribute educational materials about the health risks of FGM, how to recognize signs that someone may be at risk, and how to report suspected cases. The bill requires certain professionals, like teachers and healthcare workers, to report if they suspect a child has been subjected to or is at risk of FGM.
In addition, the bill expresses that the time limit for prosecuting FGM cases would not begin until the victim turns 18, which would allow them more time to seek justice.
Potential Impacts on D.C. Law and the Community
If enacted, this bill would bring D.C. in line with the 41 other states that already have laws against FGM. It would create a legal framework to prosecute individuals performing or facilitating FGM and offer victims opportunities to seek justice through civil courts.
As stated earlier, the D.C. Department of Health would enact mandatory educational and public awareness efforts to prevent FGM by informing the public about its risks and legal consequences. However, the effectiveness of these efforts will ultimately depend on how well the information is communicated to the community and how they receive it.
One concern raised in the bill's impact assessment is its potential to increase racial and ethnic discrimination and xenophobia. Since FGM is more common in certain immigrant communities, the bill could potentially lead to increased scrutiny and stigmatization of these groups. Additionally, the mandatory reporting requirement could also have unintended consequences by worsening racial inequities that already exist in the system. Though it is intended to protect children, there is a chance that it could lead to overreporting and unnecessary involvement with child protective services, particularly among immigrant communities.
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