A/HRC/29/20
chronic pain, infections, decreased sexual enjoyment and psychological consequences, such
as post-traumatic stress disorder. The practice is also associated with increased risks of
birth by caesarean section, postpartum haemorrhage, episiotomy, extended maternal
hospital stay, resuscitation of the infant, low birth weight in infants and inpatient perinatal
death.4
6.
The Committee on the Elimination of Discrimination against Women, the Human
Rights Committee, the Committee on the Rights of the Child and the Committee on
Economic, Social and Cultural Rights have identified female genital mutilation as practices
that directly affect women’s and girls’ abilities to enjoy their human rights on an equal
footing with men, and which therefore violate their rights to non-discrimination and
equality. Joint general recommendation/general comment No. 31 of the Committee on the
Elimination of Discrimination against Women and No. 18 of the Committee on the rights of
the Child 18 (CEDAW/C/GC/31-CRC/C/GC/18) identifies female genital mutilation as a
harmful practice and notes that the harm that these practices cause to the victims often has
the purpose or effect of impairing the recognition, enjoyment and exercise of the human
rights and fundamental freedoms of women and children.
7.
The joint general recommendation/general comment also notes that, overall, harmful
practices are often associated with serious forms of violence or are themselves a form of
violence against women and children. States have a due diligence obligation to prevent,
investigate and punish acts of violence against women, whether those acts are perpetrated
by the State or occur in private.5
8.
In her report (E/CN.4/2002/83), the Special Rapporteur on violence against women,
its causes and consequences described female genital mutilation as the result of the
patriarchal power structures that legitimize the need to control women’s lives, arising from
the stereotypical perception of women as the principal guardians of sexual morality, but
with uncontrolled sexual urges. Both the Committee on the Elimination of Discrimination
against Women and the Committee on the Rights of the Child have underlined that harmful
practices such as female genital mutilation are deeply rooted in societal attitudes that regard
women and girls as inferior to men and boys and expressed concerns about the use of these
practices to justify gender-based violence as a form of “protection” or control of women
and children. In this regard, States are required, under article 5 of the Convention on the
Elimination of All Forms of Discrimination against Women, to take all appropriate
4
5
4
infertility, an increased risk of childbirth complications and new-born deaths, and the need for later
surgeries. See WHO fact sheet No. 241, on female genital mutilation, available from
www.who.int/mediacentre/factsheets/fs241/en/.
J. Abdulcadir, M.I. Rodriguez and L. Say, “Research gaps in the care of women with female genital
mutilation: an analysis”. BJOG, an International Journal of Obstetrics and Gynaecology, vol. 122,
issue 3 (February 2015).
The Human Rights Committee, in its general comment No. 31 (CCPR/C/21/Rev.1/Add. 13), obligates
States to protect individuals from acts committed by private persons or entities. In its general
recommendation No. 19 (see HRI/GEN/1/Rev.6), the Committee on the Elimination of
Discrimination against Women sets out the responsibilities of States to exercise due diligence, not
only in preventing violations, but also in investigating and punishing such acts. Article 19 of the
Convention on the Rights of the Child requires States parties to protect children from physical, sexual
and mental violence through legislation and other social and educational measures. That obligation
includes protection from acts perpetrated by parents or other caregivers. Article 2 of the Declaration
on the Elimination of Violence against Women (General Assembly resolution 48/104) explicitly
defines female genital mutilation as a form of violence against women and calls upon States to protect
women against any form of violence that occurs within the family household or in other
environments. The Declaration urges States to condemn violence against women and to refrain from
invoking tradition or religion to evade their obligations under international human rights law.
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