A excision is, in its most general direction, the ablation of a biological small piece of Tissu. However the term excision is much more commonly used to indicate specifically the excision clitoridienne , the Clitoridectomie.
The excision clitoridienne is the ablation of the dominating external part of the Clitoris and its cap, and possibly of the Petites lips. This female genital mutilation (MGF) is illegal in the majority of the countries of the world; many organizations militate for its world abolition. The excision presents several alternatives which differ by the extent from ablation and the additional practices.
Geographically, the practice meets in many parts of the world, but it is more current in Africa (especially with the Nigeria) and in certain parts of the South Asia Is (see this nonexhaustive list). In the Western countries, these practices are found in the communities resulting from these countries.
It is considered that approximately 100 to 140 million women.
The practices of excision are regarded as traditional insofar as they settled in a context animist or Pharaonic (i.e. well before the arrival of the great religions monotheists in these regions). In addition, the excision often acts as rite of passage and recognition of the little girl in her company.
The excision is currently defended in the name of:
In many cases, one observes that the mothers take an active part in the mutilations of their (S) daughter (S) with an aim of improving their chances to make a " bon" marriage.
The Clitoris is often regarded as an imperfection of divine creation, a male residue having to be except so that the woman is finished. Same manner the Circumcision or ablation of the Prépuce is supposed to remove with the man the remaining female part. The psychoanalyst Marie Bonaparte wrote: The men feel threatened by what would have a phallic appearance at the woman, this is why they insist that the clitoris is removed .
Thus, currently, the main part of the populations which practice these sexual mutilations are either traditionally animists, or certain Muslim communities of Africa. There exist also Christian communities in Ghana or the Togo which practice the sexual mutilations.
In this context, one would not have to conclude only Islam prescribes the excision of the little girls.
Islam is a religion which imposes to the men and to the women to take care of the integrity of their body and their person. No verse ic Coran, no prophetic matter recommends this practice. It is rather about an old tradition which made the woman responsible for all the failures to morals and the moralities. The old legal literature which speaks about this practice, without recommending it formally, it evokes under the term “khafdh” or “khifâdh” which means the weakening of the sexual pleasure. This significance is connoted of a reasoning which confers on the woman a statute lower than that of the man.
Within this framework, the Fitra is the paramount nature of the Man. It is characterized by the 5 following elements:
So even if the practice of the excision is largely former on arrival of Islam, this religion in its popular practice could put up - in certain African country - with this practice which answers for a share its design of the relationship between men and women (see higher, the arguments given in favor of the excision: safeguarding of the female Virginity, sexual control of the women, valorization of the maternal role of the women, tender to the parents,…).
It should however be stressed that recently certain Moslem religious leaders frankly opposed the excision.
It is the case for example in Senegal (where Imam S educate the populations at risk, support each argument by quoting Coran and sensitize with the health problems generated by the excision) or in Egypt (where religious leaders called with the prohibition of these practices and the punishment of their authors at the time of an international conference on the female genital mutilations (MGF) with the Cairo).
Unfortunately, some other Moslem religious leaders even read the texts crowned in the direction of the permission of the obligation of excision.
The excision is regarded as a serious and unjust mutilation in the Western countries, but also by international organizations such as UNO, WHO and UNICEF. In the majority of the Western countries, it is continued and punished like a serious Crime. There remains some areas of the world, in particular in certain countries of Africa, where this practice remains tolerated in the name of the tradition. However, following the international scandals that this practice generates, these States have tendency to more repressing it.
In fact, many African countries endeavor to make disappear this habit by employing more participative means:
The excision is illegal in the majority of the countries of the world. The majority of the democratic countries formally prohibit the excision in the name of the respect of the Human rights, of and the child welfare respect for human dignity. Thus, a little everywhere in Europe, of the culprits of excision are regularly sent in Prison by the courts.
In France , the excision constitutes an attack with the person. She enters within the framework of the violences having involved a permanent Mutilation , punishable offense ten years of imprisonment and 150 000 euros of fine in the general case. When the victim is minor 15 years, that becomes a 15 years punishable offense of imprisonment, 20 years if the culprit is ascending legitimate (Art 222-9 and 222-10 of the Penal code). A prohibition of the one five years duration old territory can also be marked (Article 222-47 of the Penal code).
However, often the excision is practiced at the time of a return to the country and thus out of the national territory. The French legislation makes obligation with looking after however to denounce all sexual assaults on minor. The doctors are held with the description of the cases (even potential) of mutilation genital female, even if the latter are or should be carried out out of the French territory.
According to the UNICEF, 28 countries of Africa and the Middle East practice the excision among which the Bénin, the Burkina Faso, the Cameroun, the Congo, the Ivory Coast, the Ethiopia, the Gambia, the Ghana, the Guinea Bissau, the Guinea, the Kenya, the Liberia, the Mali, the Mauritania, the Niger, the Nigeria, the Uganda, the Central African Republic, the Senegal, the Sierra Leone , the Sudan, the Somalia, the Tanzania, the Togo, the Chad…
Legislations in the countries where the excisions are current practices:
Benign : This country does not have a specific law on the subject, in spite of an evaluated prevalence with 50% of the women of the country.
Burkina Faso : A law prohibiting the genital mutilations female (MGF) was promulgated in 1996, to come into effect in February 1997. Previously, there existed already an order in Council establishing a National committee against the excision and envisaging fines against the people found guilty of excision on young girls or women. The law of 1996 reinforced repression. Since, several exciseuses was condemned to sorrows of imprisonment.
Nigeria : In Nigeria, there does not exist any federal law prohibiting the practices of MGF. The opponents with these practices refer to the section 34 (1) (A) of the Constitution of the Federal republic of Nigeria of 1999, which stipulates that “no individual will be subjected to torture or inhuman treatments or degrading”, to call some with the prohibition of the practices of MGF on all the territory. A member of the Parliament worked out a project of legislation in favor of prohibition, but this project did not pass yet in committee.
Uganda : There exists in Uganda no law repressing the practices of MGF. In 1996, however, a court ruled in favor of the prohibition of these practices, on the basis of term of section 8 of the Charter of the Children, promulgated this same year, which makes illegal the fact of subjecting a child to social or usual practices harmful for its health.
Central African Republic : In 1996, the president emitted an ordinance prohibiting the MGF on all the territory. This ordinance through law, and any infringement in its connection is liable to a sorrow of imprisonment going from one month to two years, and to a fine of 5 100 with 100 000 francs Central African. It does not seem however that this law was ever applied in the facts.
Senegal : Since a promulgated law in January 1999, the practices of MGF are illegal in Senegal. The president Diouf made an solemn appeal in favor of the stop of these practices and the legislation prohibiting them. The law modifies the Penal code by making MGF of the criminal acts, repressed by a sentence which can go from one to five years of imprisonment. A spokesperson of the RADDHO (African Gathering for the defense of the human rights) declared in the press: “The adoption of the law is not enough in itself, because it is from now on necessary to make it apply rigorously so that the women profit from it. ” Some women consider the question.
Somalia : In Somalia, there does not exist any specific national law prohibiting the MGF. The Penal code set up by the preceding government envisages however clauses of “wounds”, “serious wounds” and “very serious wounds”, which could possibly be juridically applicable. In November 1999, the Parliament of the administration of the Puntland approved a legislation unanimously returning these illegal practices. It does not seem however to exist any case of application of this law.
Tanzania : The section 169A of the special Circular on the sexual crimes of 1998 interdict MGF. These practices are punished sorrows of going imprisonment from five to fifteen years, and/or a fine not being able to exceed 300 000 Tanzanian shillings. This legislation led to some arrests, but which do not seem to have, until now, led on criminal prosecutions.
Togo : October 30th, 1998, the National Assembly voted a law unanimously prohibiting the practices of MGF. The sentences envisaged go from sorrows of two months imprisonment at ten years, with fines of 100 000 to a million Togolese francs. Any person who would be informed of such practices in her entourage and which would not inform the authorities of them, is liable to a one month sorrow to one year of imprisonment, and to a fine of 20 000 with 500 000 francs Togolese.
According to the UNICEF, only 13 African countries have laws repressing the female sexual mutilations and other types of made violences with the women.
The fight against the excision belongs to the great programs of the the World Health Organization (WHO) and of UNICEF. The latter even made February 8th 2006 the “ international Journée of tolerance zero for the female genital mutilations ”.
Many international treaties also evoke the prohibition of the excision and the mutilation sexual female in general: it acts in particular:
In 2002, at the time of a General meeting of the United Nations, the totality of the representatives began to put an end to the sexual mutilations and the excision from here with 2010. This date is rather ambitious, in spite of the recent advertisements (November 2005) made in Africa, where several exciseuses deposited their instruments (blades and knives, sometimes rusted).
The Surgery French N Pierre Foldes and the urologist Jean-Antoine Robein gradually developed since the beginning of the Années 1980 a technique of complete repair of the clitoris, which initially makes it possible to remove the latent pain left by the scar. It also solves the problems Obstétrique S and urologic caused by the excision. In France, approximately 800 women profited from this operation under general Anesthésie; four other surgeons, trained by Pierre Foldes, practice this operation in Egypt and with the Senegal. This technique is registered with the nomenclature of the refunded medical acts of the French Social security.
A compilation " Stop excision" also in 2003 pennies the label " left; The Sahel Initiative"
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