WRITTEN QUESTION E-3408/02

by Mogens Camre (UEN) to the Commission

(29 November 2002)

Subject: Protection of women in the EU against circumcision

The UN Convention against Torture declares the protection of all persons from torture or other cruel, inhuman or degrading treatment to be an inalienable right.

In addition to the obvious reference to systematic torture most often based on the particular conditions under a political regime the text also allows for a somewhat broader interpretation of other cruel, inhuman or degrading treatment. Among opponents of torture, the systematic element is a very important factor.

Female circumcision is perceived in the West as a systematic form of violation of a child's or adult's integrity and freedom, and it is therefore also illegal in several Member States of the EU. The operation cannot therefore be carried out by hospital doctors but is performed illegally most often in the country of origin.

Somali imams in Denmark have recently asserted in the press and on television that the operation is prescribed by the Koran and have called on parents to circumcise their daughters regardless of the fact that it is an offence under Danish law and UN conventions to do so. It is a particularly serious problem that ignorant imams hold sway over even more ignorant individuals. General educational activities have so far proved to be utterly useless.

How will the Commission contribute to ensure that girls and women from cultures which practise circumcision receive maximum protection in the EU from an immigrant priesthood's outrageous advice and pressure on parents, as well as from their parents' own ignorance?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 January 2003)

Female genital mutilation (FGM), including circumcision, is a profound violation of the human rights of children and women. Amongst others, the Beijing platform for action and the Convention against all Forms of Discrimination against Women call for action against this practice.

Furthermore, Articles 1 (Human Dignity), 3 (Right to integrity of the person), 4 (Prohibition of torture and inhuman or degrading treatment or punishment) and 21 (Non-discrimination) of the Charter of Fundamental Rights reflect certain principles, common to the Member States of the Union, which relate to this issue.

It should be emphasised first that this matter, as any matter related to violence, remains of the responsibility of the Member States. The present Treaties do not provide the Union with any legal base on that matter.

According to various works funded by the Daphne programme, it is recognised that specific laws prohibiting all or some forms of the practice exist in eight European countries (Belgium, Denmark, the Netherlands, Austria, Sweden, the United Kingdom, Norway and Switzerland). Other European countries have only general laws prohibiting serious body injury without making specific reference to FGM.

Aside from legislative work, which is outside the scope of action of the Union, the Commission's Daphne programme (2000-2003) put FGM as a priority in its annual programme (and call for proposals) for two consecutive years in 2001 and 2002. This resulted in the funding of ten projects on this specific subject, of which six are for a two-year duration, which means that these actions will tackle the subject in debts. These actions represent a European funding of more than EUR 1,6 million.

It is particularly interesting that the Daphne programme could be used to combat this phenomenon, because this means that grassroots level organisations can collaborate with each other, but also with the academic world and the authorities, to tackle this problem on the field and, most of the time, with the direct involvement of the victims.

Female circumcision will only disappear if people, including women, become convinced that they can give up the practice without giving up the related aspects of their culture. Multifaceted strategies are needed, including actions directed at the education of health and social workers. The dissemination of appropriate information emphasising the dangerous health consequences is another important tool.