A/HRC/7/3 page 18 the complete control of their parents and communities and do not have the possibility of resisting. On the other hand, adolescent girls and women very often agree to undergo FGM because they fear the non-acceptance of their communities, families and peers.62 53. It is clear that even if a law authorizes the practice, any act of FGM would amount to torture and the existence of the law by itself would constitute consent or acquiescence by the State. The “medicalization” of FGM, whereby girls are cut by trained personnel rather than by traditional practitioners is on the rise in some African countries.63 The Special Rapporteur stresses that from a human rights perspective, medicalization does not in any way make the practice more acceptable.64 Even in contexts where FGM has been recognized as a criminal offence, but where public hospitals offer this “service”, it constitutes torture or ill-treatment. Also in cases where FGM is performed in private clinics and physicians carrying out the procedure are not being prosecuted, the State de facto consents to the practice and is therefore accountable. 54. Many special procedures have found that female genital mutilation may constitute torture and that States have the responsibility to take all the necessary measures to eradicate it.65 The Special Rapporteur on torture considers FGM a violation falling within his mandate, and has welcomed the adoption of legislation prohibiting female genital mutilation after his visits to Nigeria and Togo in 2007, but regretted at the same time that the practice and social acceptance of female genital mutilation persist, and that effective mechanisms to enforce prohibition are absent.66 The Committee against Torture has expressed concern regarding the lack of domestic legislation outlawing female genital mutilation in specific countries.67 Furthermore, the Human Rights Committee has stated that female genital mutilation is in breach of article 7 of the ICCPR and has raised concerns regarding its persistence.68 62 Ibid., p. 11. 63 Ibid., pp. 7 and 17. 64 The Special Rapporteur also recalls that article 5 of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa stipulates that States shall prohibit, through legislative measures backed by sanctions, all forms of female genital mutilation, including its medicalization and paramedicalization. 65 See E/CN.4/1986/15, para. 38. See also the report of the Special Rapporteur on violence against women (E/CN.4/2002/83, para. 6). 66 See press releases of 12 March and 18 April 2007. 67 See for example concluding observations on Cameroon, CAT/C/CR/31/6, para. 7. 68 See Human Rights Committee general comment No. 28 (2000) on article 3 (The equality of rights between men and women), paragraph 11; see also concluding observations on Uganda, CCPR/CO/80/UGA, para. 10; Mali, CCPR/CO/77/MLI, para. 11; Sweden, CCPR/CO/74/SWE, para. 8; Yemen, CCPR/CO/84/YEM, para. 11.