COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Towards the elimination of female genital mutilation
Date: 2013-11-25
Institutions: European Commission
Subjects: anti-discriminatory measure, children's rights, extraterritorial jurisdiction, international cooperation, sexual mutilation, violence, women's rights













EUR-Lex - 52013DC0833 - EN











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52013DC0833

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Towards the elimination of female genital mutilation /* COM/2013/0833 final */









COMMUNICATION FROM THE COMMISSION TO
THE EUROPEAN PARLIAMENT AND THE COUNCIL
Towards the elimination of female genital
mutilation
TABLE OF CONTENTS
1........... Introduction.................................................................................................................... 4
2........... Towards a better understanding
of FGM in the EU.......................................................... 5
3........... Promote sustainable social
change to prevent FGM......................................................... 6
4........... Support Member States in
prosecuting FGM more effectively.......................................... 8
5........... 5................................................... Ensure
protection for women at risk on the EU territory     9
6........... Promote the elimination of FGM
globally....................................................................... 10
7........... Implementation, monitoring and
evaluation..................................................................... 12
8........... Conclusion................................................................................................................... 12
1.           Introduction
Every year, millions of women and girls
worldwide have their quality of life drastically altered by female genital
mutilation (FGM). The procedure involves partial or total removal of their
external genitalia or other injury to their genital organs for non-medical
reasons[1].
Thousands of women and girls living in Europe are affected or at risk.
FGM is internationally recognised as a
violation of women’s human rights and a form of child abuse. In common with other
forms of gender-based violence, ‘it constitutes a breach of the fundamental
right to life, liberty, security, dignity, equality between women and men,
non-discrimination and physical and mental integrity’[2]. It also violates the rights of
the child as defined in the United Nations Convention on the Rights of the
Child.
Throughout the world, calls for an end to FGM
are gaining strength. Under the leadership of the African group and with strong
EU support, the General Assembly of the United Nations (UNGA) adopted a
landmark Resolution in 2012: ‘Intensifying global efforts for the elimination
of female genital mutilations’[3].
A follow-up declaration by the African group in the UN Human Rights Council in
June 2013, supported by EU Member States, focuses on the challenges the world
community needs to address to achieve zero tolerance for FGM. Moreover, the
monitoring of the UN Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment pays special attention to FGM.
Fundamental rights and gender equality are
core values of the European Union. The EU has long been committed to eliminating
gender-based violence and violence against children, as stated in its 'Strategy
for equality between women and men’[4],
in the Directive on the rights of victims[5]
and in the EU Agenda for the rights of the child[6].
This Commission Communication on FGM builds
on work the EU has done over many years and on a report from the European
Institute for Gender Equality (EIGE)[7].
It also benefits from the input of a High-Level Round-Table on FGM[8], contributions from civil
society, international organisations, academics and equality bodies to a public
consultation[9]
and a written opinion of the EU Advisory Committee on Equal Opportunities for
Women and Men[10].
This Communication covers internal as well as external policies and develops a
holistic, integrated approach, with particular emphasis on prevention.
2.           Towards
a better understanding of FGM in the EU
According to UNICEF[11], more than 125 million
women worldwide are currently living with the consequences of FGM.
The practice is most common in the western, eastern, and north-eastern regions
of Africa, in some countries in Asia and the Middle East, and worldwide among
some migrants from these areas. In the EU, the figure of 500 000 victims
is commonly cited[12].

It is difficult to estimate the number
of girls at risk. Girls that have migrated from a country where FGM is
practised, or who were born to one or both parents originating from such a
country may be considered as being at risk[13].
However, an accurate assessment of the determinants of risk should take into
account other factors, such as changes in parents’ behaviour or beliefs following
migration. 
Prevalence of FGM in EU Member States[14]
 Country || Year of publication || Number of women with FGM || Number of girls at risk of FGM || Number of criminal court cases[15] 
 Belgium || 2011 || 6 260 || 1 975 ||   
 Denmark ||   || No data available || 1 
 Germany || 2007 || 19 000 || 4 000 ||   
 Ireland || 2011 || 3 170 || Not available ||   
 Spain ||   || No data available || 6 
 France || 2007 || 61 000 || Not available || 29 
 Italy || 2009 || 35000 || 1 000 || 2 
 Hungary || 2012 || 170 – 350 || Not available ||   
 Netherlands || 2013 || 29 210 || 40 – 50 each year || 1 
 Sweden ||   || No data available || 2 
 UK || 2007 || 65 790 || 30 000 ||   
Moreover, there
is a lack of evidence on the circumstances of mutilations carried out on girls
living in the EU. In the late 1970s and early 1980s, several cases brought to
court in France[16]
provided evidence of mutilations carried out on French territory. Later on,
convictions of parents and cutters[17]
may have prompted families to cut their girls in their home countries or in EU Member
States where legislation or enforcement are weaker. The most recent court cases
in the EU illustrate mutilations perpetrated both abroad (cases from Italy, Spain, Denmark, and Sweden) and in the EU (cases from Spain, France).
Objective: 
Better understanding of FGM in the EU.
Actions:
The European
Commission will: 
–                        
ask the European Institute for Gender Equality to
develop a common methodology and indicators to measure the prevalence of FGM,
to estimate the number of women and girls at risk of being mutilated and the
number of women affected by FGM in the EU;
–                        
assess the feasibility of developing a survey as
well as quantitative and qualitative research on FGM;
–                        
encourage Member States to develop specific indicators
on FGM as part of the EU’s follow-up of the UN Beijing Platform for Action;
3.           Promote sustainable social change to prevent FGM
3.1.        Promote
sustainable social change to prevent FGM
FGM is a deep-rooted social norm pressuring
families to conform to peer expectations. It is related to the social control
of women’s sexuality, as well as to a wide range of convictions and fears. Despite
the severe short-term and long-term physical and psychological consequences of mutilation,
FGM is often practised in the belief that it is beneficial for the girl. In a
context of migration, it may also be a way of keeping a link to the country of
origin and preserving cultural identity. FGM is an intimate issue and still
often a taboo topic among affected communities. That is why it is crucial to take
into account its complexities.
Legislative frameworks and enforcement are
necessary but not sufficient to ensure FGM is abandoned. Changes in
attitudes and beliefs among relevant communities are needed. The outcomes
of several projects funded by the EU's Daphne programmes[18] demonstrate that targeted
awareness-raising measures need to be developed with and within the communities
affected. These need to involve both men and women, religious and community
leaders, respected and influential figures in the different communities,
victims that are willing to talk, young and old. The measures need to build on
existing opposition to FGM in the population affected and link the EU with the
countries of origin.
A recent report[19] shows that that there is a higher
prevalence of FGM in poor families or in which the parents have a low
educational level. Therefore, empowering women to give them the
opportunity to take informed decisions for themselves and their children is
therefore a key issue when putting in place measures to help ensure the
practice is abandoned.
3.2.        Develop multidisciplinary
cooperation
It seems that thousands of girls living in
the EU might be at risk of being mutilated. A wide range of professions are in
contact with them, in particular in the fields of health, education, child
protection, social services, the judiciary, immigration and asylum. If they are
to offer adequate protection and support, multidisciplinary cooperation
based on sound knowledge of FGM is needed. Depending on their role and
responsibility, practitioners should be able to identify girls at risk and
women subjected to FGM and report to the relevant authorities so that
appropriate protection mechanisms and support are mobilised. To enable this, the
topic of gender-based violence, including FGM, needs to be in educational
curricula for all professions potentially coming into contact with communities affected.
Educational material and training need to be developed, the support of NGOs
addressing the topic needs to be ensured, and effective multi-sectorial
protocols put in place. Clear guidelines on professional secrecy and conditions
for disclosure are essential.
FGM performed by health practitioners is a growing cause for concern worldwide. Some NGOs have also
raised the issue of women being re-infibulated[20]
in hospital after giving birth, at the woman’s or her family’s request, despite
the fact that this is prohibited by national legislation in the EU.
Moreover, many women who have survived
FGM may also experience other forms of violence, such as early, child or
forced marriage or domestic violence. As migrants, sometimes dependent on their
husbands, fathers or wider family, they may be particularly vulnerable. Member
States are encouraged to facilitate adequate access to social protection
benefits and services for them where appropriate, as well as access to
education opportunities.
Most survivors of FGM need help to cope with
the short- and long-term consequences of the procedure. Their needs will vary
according to their age or their situation. Giving them adequate support would
help raise their awareness of the damaging health consequences of the practice.
Some Member States (such as Belgium, France, Italy, Sweden or the UK[21]) have set up health centres
specialising in care for victims of FGM, providing mostly gynaecological
services, in particular for pregnant women. However, there appears to be a lack
of services providing a holistic approach, including, for instance,
psychological, psycho-sexual or post-traumatic support.
Member States are encouraged to raise the awareness
of health professionals about FGM (identification, prevention, treatment,
adequate healthcare during pregnancy and delivery), including follow-up of the
healthy child. They are encouraged to provide adequate reporting on FGM, in
particular by making full use of the WHO’s International Classification of
Diseases.
Objective: 
Promote
effective prevention and victim support measures, including through changing
social norms as well as women’s empowerment.
Actions:
The European Commission
will: 
–                        
promote the development of training modules,
multi-sectorial guides and protocols through the future Rights, Equality and
Citizenship programme. These will target relevant professionals and aim to prevent
FGM and to support victims;
–                        
encourage Member States to strengthen their
child protection systems by ensuring better coordination and cooperation across
services to make them more integrated and better equipped to deal with actual
cases of, or risks of, child abuse, including FGM.
–                        
as follow-up to the EU's Daphne programme, make
full use of the EU's new Rights, Equality and Citizenship programme[22] to finance activities developed
by NGOs that aim to prevent violence against women and children, as well as
informing children of their rights and fostering respect of their right to be
heard;
–                        
as follow-up to the Lifelong Learning and Youth
in Action programme, make full use of the Erasmus+ programme and other European
funding tools to finance, where appropriate, awareness-raising and changes in attitudes
(especially of parents) involving teachers, educators, families and communities.
Activities may aim to empower young migrant women, to improve the training of
teachers and other professionals potentially coming into contact with the
communities affected and to prevent violence against women;
–                        
promote actions under the future Asylum and
Migration Fund aimed at  empowering migrant women and girls and reinforcing
their integration in the receiving societies;  
–                        
include gender-based violence, including FGM, in
any future work relating to EU guidelines on child protection systems;
–                        
develop specific training modules, including on
FGM-related issues, for health professionals working with migrants.
4.           Support
Member States in prosecuting FGM more effectively 
The UN Resolution ‘Intensifying global
efforts for the elimination of female genital mutilations’[23] urges states to enact and
enforce legislation prohibiting FGM. 
FGM is prosecutable in all EU Member
States, either through general criminal legislation
or through specific criminal law provisions[24].
A principle of extra-territoriality is often included, making it
possible to prosecute FGM when it is committed abroad, if the victim and /or
the person(s) exercising or planning the procedure are nationals of the
investigating country.
However, FGM-related criminal law cases in
courts are rare, due mainly to victims’ reluctance to file complaints. There is
also a lack of services with sufficient expertise and knowledge to provide
support to victims who come forward. Regulations on professional secrecy as
well as the absence of mechanisms to properly refer girls at risk or who have
undergone FGM to support services also impede appropriate follow-up for victims.
Legislation, effective prosecution, and the
conviction of guilty parents and cutters appear to be essential as deterrents
to dissuade parents from mutilating their daughters and to help them resist
pressure from their families and communities.
There are reasons to examine both national
legislation and relevant court cases, as they provide insights into some of the
core legal issues around FGM. For example, in Spain, parents were recently
sanctioned for mutilating their child before her migration to Europe. The issue
of the best interests of the child should also be raised as a primary
concern throughout any criminal proceeding (from investigation through to
sentencing), e.g. to prevent a child from becoming a victim twice, first due to
FGM and then due to being removed from parental care.
Objective: 
Support Member States’ enforcement of laws prohibiting FGM.
Actions:
The European Commission will:
–                        
analyse criminal laws and court cases related to
FGM and organise an exchange of good practice between Member States to assess
what actions at EU level would bring added value;
–                        
disseminating existing training material for legal
practitioners through appropriate platforms;
–                        
enforce the rights of crime victims set out in
the directive on the rights of victims[25],
in particular the right to access generic and specialist support services.
5.           Ensure protection for women at risk on the EU territory
The EU's Qualification Directive[26] ensures
eligibility for international protection for women who have a
well-founded fear of persecution or who face the risk of suffering FGM. It
extends to parents who fear persecution or face a real risk of suffering
serious harm because they refuse to consent to their child undergoing FGM. The ‘revised
Qualification Directive’[27]
strengthens protection for those fearing FGM. It explicitly recognises that
issues arising from an applicant’s gender should be given due consideration if
they are related to the applicant’s well-founded fear of persecution. Such
issues include gender identity and sexual orientation, which may be related to
certain legal traditions and customs, resulting in genital mutilation, for
example. 
The recast Asylum Procedures Directive[28] makes asylum procedures
gender sensitive. In particular, i) all female applicants will be given the
possibility to access the asylum procedure, to have their cases examined
individually and to receive effective protection if eligible; ii) responsible
authorities must be properly prepared to take into account the complexity of
gender-related claims; iii) female applicants must have an effective
opportunity to reveal their personal experiences to the asylum authorities in a
safe and confidential environment and to benefit from vital procedural
guarantees, such as interpretation services and legal advice; iv) victims of
torture and of other severe forms of sexual, physical or psychological violence
will be provided with sufficient time and support to prepare for personal
interviews and other crucial steps in the procedures. 
The recast Directive on Reception
Conditions for Asylum Seekers[29]
introduces gender-specific reception conditions which will also apply to
those fearing FGM, namely: i) the special needs of all vulnerable female
applicants will need to be identified in a timely manner; ii) those subjected
to serious acts of violence should have access to rehabilitation services to
obtain the necessary psychological and medical support; and iii) accommodation
facilities should be gender sensitive.
Complementing these legislative measures,
the European Asylum Support Office (EASO) can promote best practices and a
common approach on gender-related issues, in particular concerning training
of asylum service personnel and country of origin information.
The European Refugee Fund and the future
Asylum and Migration Fund provide for financial incentives for a Member State to resettle (transfer) specific categories of persons, including children
and women at risk, to that Member State on a voluntary basis.
Objective:
Guarantee protection to women at risk within the existing EU
legislative framework on asylum.
Actions:
The European Commission will: 
–                        
continue to monitor the timely transposition and
correct implementation of the EU legislative framework on asylum, guaranteeing
protection to women at risk;
–                        
ensure that the training tools and country of
origin information drawn up by EASO include a gender dimension, including
references to FGM, where relevant;
–                        
continue to encourage Member States to make use
of the financial incentives provided for in existing legislative instruments to
raise the awareness of professionals working in the field of asylum;
–                        
encourage Member States to continue to, start to
or increase the use of financial incentives for the resettlement of children
and women at risk, including those at risk of gender-based violence.
6.           Promote
the elimination of FGM globally 
The EU has participated actively in
international cooperation to promote the elimination of FGM for many years.
At global level, the EU has contributed to developing strong commitments
compelling all countries to prohibit, punish and undertake appropriate action
to change the social norms underpinning FGM. For example, it supported the UNGA
Resolution on the elimination of FGM[30]
and teamed up in 2012 with the African group in the UN Human Rights Council to
give further strength to achieving the commitments in the Resolution.
The European Union also promotes enhanced international
protection of women and girls at risk of FGM worldwide in its relations
with non-EU countries and in international fora.
The EU’s action on FGM outside Europe is backed up by specific EU policy commitments and guidance (EU guidelines on
violence against women, EU Strategic Framework and Action Plan on Human Rights
and Democracy, Human Rights Countries Strategies where FGM is prioritised in
relevant countries). Prevention of FGM is also included as an issue for
cooperation in the framework of the Cotonou Agreement, the most comprehensive
partnership agreement between the EU and 79 African, Caribbean and Pacific
countries. Furthermore, the root causes of FGM are addressed through the EU’s
support to broader development objectives for gender equality and women’s
empowerment, in particular girls’ and women’s education, their human rights and
their sexual and reproductive health.
From 2006 to 2012, 17 projects addressing
FGM in 18 countries benefited from EU funding of about EUR 8 million, supporting
the efforts of civil society organisations and governments, as well as UN
organisations, especially UNICEF.
Overall, there is a positive trend towards gradually
abandoning FGM in the 28 countries most affected. To date, 42 countries
have passed laws specifically condemning FGM. The build-up of strong engagement
by the governments concerned has been crucial in this regard. Regional
organisations, particularly the African Union (AU), have played a key role. AU’s
Protocol on the rights of women, ratified by 33 countries, stipulates that all
necessary legislative and other measures have to be taken to eradicate FGM,
including the raising of public awareness, prohibition through legislative
measures backed by sanctions, and support to victims. 
The EU will continue to take action to
promote the FGM being abandoned, guided by documented good practices about what
works best to achieve progress. It will base action on historic as well as
recent advances in the global consensus on the need to strengthen the world
community’s resolve to end FGM. Linking FGM to girls’ and women’s empowerment
and education, to their sexual and reproductive health, and to the prevention
of early, child and forced marriage have been shown to facilitate abandonment.
Objective: 
Promote the
worldwide elimination of FGM and enhance protection for women at risk in non-EU
countries.
Actions:
The European
Commission and the European External Action Services will:
–                        
include FGM in EU annual dialogues with civil
society organisations in relevant partner countries;
–                        
draw up a guidance note to Heads of EU Missions
in relevant partner countries on FGM;
–                        
integrate FGM in gender and child rights
training for EU staff working in EU-delegations in countries affected;
–                        
support a regional campaign on FGM elimination;
–                        
continue to work closely with the African Union
and African group at the UN on further initiatives to strengthen the global
fight against FGM;
–                        
continue to support advocacy for improved
national legislation on FGM where needed; 
–                        
continue to support capacity-building
initiatives for public and civil society organisations;
–                        
continue to address FGM-related issues in
political, human rights and policy dialogues with relevant partner countries,
including those where health is a focal sector for cooperation;
–                        
continue to promote enhanced international
protection of women at risk of FGM worldwide in its relations with non-EU countries
and in international fora.
7.           Implementation,
monitoring and evaluation
To secure swift progress and to reach the
objectives of this Communication, an ad hoc group of the Commission’s
inter-service group on gender equality will review, evaluate and monitor
actions in this Communication and report annually on measures implemented. Two
years after the Communication is adopted, the Commission will evaluate measures
put in place and decide on follow-up.
In addition to this internal monitoring,
the European Commission will consult NGOs and experts active in this field on
a regular basis. Indeed, non-governmental organisations have had and will
continue to have a paramount role, protecting girls at risk, providing training
to professionals, sensitively raising awareness in the communities affected,
developing knowledge, materials and good practice, putting the issue on the
agenda of policy makers and building bridges between Europe and countries of
origin. Throughout the EU, civil society organisations face common challenges
and need opportunities to exchange information and good practice, develop
projects and methods, as well as peer-review their work.
Objective:
Implement the
actions planned in the Communication and ensure sustained attention for the
issue.
Actions:
The European
Commission will:
–                        
monitor the timely delivery of actions planned
in this Communication and take stock every year around 6 February, the
International day of zero tolerance of FGM;
–                        
facilitate the exchange of experience and good
practice on FGM issues between NGOs and experts;
–                        
encourage the Presidencies of the Council of the
European Union to put FGM on the agenda of meetings of EU Chief Medical
Officers and EU Chief Nursing Officers;
–                        
organise a workshop on FGM as part of the 2013
European Forum on the rights of the child;
–                        
put FGM on the agenda of the 2014 informal Member State expert group on the rights of the child.
8.           Conclusion
With this Communication on FGM, the
European Commission and the European External Action Service reiterate their commitment
to combating violence against women and eliminating FGM both within and outside
the EU, acknowledging that the linkage between the communities affected in
EU and their countries of origin needs to be taken into account.
The
EU will keep raising the issue in future and will support those who have been
actively engaged in this field for many years, in particular international
organisations, Member States and NGOs. The EU will continue to develop policies
and implement measures, bearing in mind that FGM has multi-faceted aspects,
requiring multi-disciplinary measures and close cooperation with communities in
which it is practised.
[1]               As defined by the World Health Organisation (WHO).
[2]               Council Conclusions on Combating Violence Against
Women, and the Provision of Support Services for Victims of Domestic Violence
adopted on 6 December 2012.
[3]               UNGA Resolution 67/146 adopted on 20 December 2012.
[4]               COM(2010) 491 final.
[5]               Directive 2012/29/EU establishing minimum standards
on the rights, support and protection of victims of crime.
[6]               COM(2011) 60 final.
[7]               EIGE 2013. Female genital mutilation in the European
Union and Croatia.
[8]               Some of the world’s leading anti-FGM campaigners were
invited to a round-table on 6 March 2013 to give insights and advice. .
[9]               The results of the consultation are available here: http://ec.europa.eu/justice/newsroom/gender-equality/opinion/130306_en.htm.
[10]             http://ec.europa.eu/justice/gender-equality/other-institutions/advisory-comittee.
[11]             UNICEF Female Genital Mutilation/Cutting: A Statistical
Overview and Exploration of the Dynamics of Change, New York, 2013.
[12]             European Parliament:Resolution on ending female
genital mutilation from 16/06/2012 (2012/2684(RSP)). Note that not all
countries have estimates, and such estimates are not necessarily comparable.
[13]             EIGE 2013, Female genital mutilation in the European
Union and Croatia. 
[14]             Source: EIGE 2013 except from the Netherlands: Exterkate2013 — Female Genital Mutilation in the Netherlands. Prevalence, incidence
and determinants. Pharos — Centre of Expertise on Health for Migrants and
Refugees.
[15]             Criminal court cases, including convictions, recorded until
January 2012 .
[16]             EIGE 2012 — Study to map the current situation and
trends of FGM: country reports .
[17]             The person (generally a woman) who performs FGM. 
[18]             Decision No 779/2007/EC of the European Parliament and
of the Council of 20 June 2007 establishing for the period 2007-2013 a specific
programme to prevent and combat violence against children, young people and
women and to protect victims and groups at risk (Daphne III programme) as part
of the General Programme Fundamental Rights and Justice. See also http://ec.europa.eu/justice/grants/programmes/daphne/
[19]             UNICEF 2013.
[20]             According to WHO, infibulation is the narrowing of the
vaginal opening through the creation of a covering seal. The seal is formed by
cutting and repositioning the inner, or outer, labia, with or without removal
of the clitoris. The vaginal orifice must be reopened for sexual intercourse
and childbirth, a procedure known as "defibulation". In some
instances, this is followed by reinfibulation
[21]             EIGE 2013.
[22]             COM(2011) 758 final. 
[23]             UNGA Resolution 67/146.
[24]             BE, DK, IE, ES, IT, CY, AT, SE, UK and HR have specific provisions on FGM.
[25]             Directive 2012/29/EU
[26]             Council Directive 2004/83/EC on minimum standards for
the qualification and status of third country nationals or stateless persons as
refugees or as persons who otherwise need international protection and the
content of the protection granted.
[27]             Directive 2011/95/EU on standards for the qualification
of third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or for persons
eligible for subsidiary protection, and for the content of the protection
granted.
[28]             Directive 2013/32/EU on common procedures for granting
and withdrawing international protection.
[29]             Directive 2013/33/EU laying down standards for the
reception of applicants for international protection.
[30]             UNGA Resolution 67/146. .