The Criminalisation Of Female Genital Mutilation In Queensland
| Author: |
Zara Spencer
Student, University of Queensland T C Beirne School of Law
|
| Issue: |
Volume 9, Number 3 (September 2002)
|
Contents:The Criminalisation Of Female Genital Mutilation In Queensland
- As long ago as 1994 the Queensland Law Reform Commission recommended that the practice of female genital mutilation (FGM) be made
a specific offence. The Criminal Code Act 1899 (Qld)[1]
has however only recently been amended to specifically criminalise FGM under sections 323A and 323B. [2]
- The term FGM is highly value laden.[3]
Nevertheless the alternative, "female circumcision" is misleading, as unlike its male namesake the procedure on women often involves
the removal of healthy organs as opposed to skin. The term FGM highlights the severity and irreversibility of the practice. Despite
criticism, the term FGM is currently used in all official documents of the United Nations and in the documents of world conferences
and has been adopted by the Queensland legislators.[4]
- The practice of FGM has been defined in a joint statement made by WHO, UNICEF, and UNFPA:
- Female genital mutilation comprises all procedures involving partial or total
removal of the external female genitalia or other injury
to the female genital organs whether for cultural or other non-therapeutic reasons[5]
- The three agencies have classified FGM into four typologies.[6]
Types I (clitoridectomy) and II (excision) generally account for 80% of FGM, type III (infibulation is the most severe) 15% and
type IV (a set of unclassified procedures) 5%.[7]
The proportions of the typologies vary greatly from country to country.[8]
Furthermore, the practicality of distinguishing between the typologies is arguably artificial as much depends upon the skill and
eyesight of the "performer", the sharpness of the instrument and the compliance of the child.[9]
- The following analysis will consider the practice itself, theoretical approaches to interventions, Australia's international obligations
and Queensland's response to FGM.
I turned my head toward the rock; it was drenched with blood as if an animal had
been slaughtered there. Pieces of my meat, my sex,
lay on top, drying
undisturbed in the sun . . .[10]
- Usually no steps are taken to reduce the pain, instead the girl is held down by several women[11]
with her legs open.[12]
- Mutilation may be carried out using broken glass, a tin-lid, scissors, a razor-blade, kitchen knives, the teeth of the midwife or
sharp stones.[13]
When infibulation (type III) takes place the raw edges of the labia majora are brought together using thorns, poultices or stitching
and the legs are bound or tied together for up to six weeks.[14]
- The person performing the mutilation may be an older woman, a traditional midwife/healer or a doctor.[15]
- FGM is undertaken in most communities on girls between 4 - 14 years.[16]
Of particular concern are reports that the average age for mutilation is falling.[17]
- Reasons given by practicing populations include: religion, despite the fact the Koran does not require the practice, and that FGM
helps maintain cleanliness and health.[18]
Sociologically: tradition, culture and gender identity are key reasons for continuation of the practice. It is believed that FGM
preserves virginity, family honour and prevents immorality.[19]
- Ironically, after being mutilated some women continually seek experiences with new sexual partners due to sexual dissatisfaction,
whilst others pretend to still be virgins by getting stitched-up tightly again.[20]
Women are indoctrinated to believe that the practice results in increased sexual pleasure for men, however an interview with 300
polygamous men revealed 89% preferred unmutilated women.[21]
- Myths given by the affected communities necessitating the practice include; the death of a child during childbirth or a man during
sexual intercourse if the clitoris is touched, without excision a woman's genitals can grow and hang down between her legs and the
food that an unmutilated women cooks smells bad.[22]
- The immediate and long-term health consequences of FGM vary according to the type and severity of the procedure performed.[23]
Immediate complications include severe pain, urine retention, shock, haemorrhage and infection, the latter two can both cause death.
Long-term consequences include cysts, abscesses, keloid scarring, damage to the urethra, dysparenunia, difficulties with childbirth
and sexual dysfunction.[24]
- Personal accounts of mutilation reveal feelings of anxiety, terror, humiliation and betrayal, all of which would be likely to have
long-term negative psychological affects.[25]
- An estimated 135 million of the world's girls and women have undergone genital mutilation and 2 million girls a year, approximately
6 000 a day, are at risk of FGM.[26]
- FGM is practised in more than 40 countries; this number is rising because of increasing migration to Western countries from traditionally
practising countries.[27]
It has been reported in Australia, Canada, Denmark, France, Italy, Netherlands, Sweden, UK and USA.[28]
- FGM is practised extensively in Africa, is common in the Middle East and has been
reported among Muslim populations in Indonesia,
Sri Lanka, Malaysia and among the indigenous peoples of Columbia, Mexico and Peru.[29]
- As of 1991 Census data indicated that 75 986 women from countries that practise some form of FGM reside in Australia, 21 812 of whom
were from African countries.[30]
During 1991-1992 and 1992-1993 a further 1 601 women arrived from African countries, with 470 being girls under 16 years of age.[31]
- Despite a lack of empirical evidence, in 1994 there were several anecdotal reports of FGM being practised in Australia. At this time
the Family Law Council (FLC) hypothesised a positive lineal relationship between an increase in numbers of migrants from countries
practising FGM and the incidence of the practice in Australia.[32]
Since then, the focus of the offshore component of the Australian Humanitarian Program has shifted to the resettlement needs of
persons from the former Yugoslavia, the Middle East and Africa, with the latter two being the predominant regions where the practice
is performed.[33]
- There has also been an increase in the number of Humanitarian Program[34]
and Special Humanitarian Program[35]
visas being granted to people from Africa in the 1999-2000 program year.[36]
- As of 1996[37]
the number of persons from countries that practice FGM resident in Queensland totalled 3 729.[38]
Program co-ordinators of the Family Planning Queensland FGM Education Program have received anecdotal information about examples
of the practice being performed in an area north of Cairns and of children having the procedure performed whilst on holiday in their
country of birth.[39]
- Given the above data an ever-increasing population of persons from countries which practice FGM are arriving in Australia, consequently
the legitimacy of concern about the practice within this country can no longer be seen as unfounded.
FGM is practiced by many cultures. It represents a human tragedy and must not be used to set Africans against non-Africans, one religious
group against the other, or even women against men.[40]
- When debating the necessity for express legislative intervention many have borrowed from theoretical schools of thought to substantiate
their arguments. Thus, when analysing the inclusion of sections 323A and 323B into the Criminal Code the major approaches and their
concrete applications will be briefly considered.
- The premise of cultural relativist theory is that as all cultures are different, thus a person outside a particular culture cannot
judge it.[41]
Consequently legislative action and other "judgemental" interventions are inappropriate.
- General feminist thought sees the practice of FGM as a means to exercise social control over women in societies which are highly patriarchal
and patrilineal. There are a number of divergent feminist schools of thought that vary dramatically in their support of legislative
intervention.
- Due to word constraints a human rights theoretical perspective will be analysed in greatest detail, so that consideration can be given
to Australia's international obligations. It is however important to note that given the nature of FGM the human rights perspective
is often considered in lieu of general feminist ideologies.
- Several factors have previously prevented FGM from being seen as a human rights issue, namely the fact that it is sanctioned by private
actors (family members) as opposed to state officials and the belief that the practice is beneficial and of cultural import.[42]
It is now recognised that traditional interpretations of international standards have created an artificial hierarchical distinction
between violations by state forces in the realm of public political activity and similar abuses in the "private" sphere.[43]
- While the notion of international human rights standards has broad support, it is directly criticised by advocates of "cultural relativism",
whose major argument is that International Human rights standards are based on specifically Western philosophical and social values
and is thus a version of neo-colonialism. However this is overcome by recognising that FGM is one of many forms of social injustice
which women suffer world-wide and is no different from Western practices that value women less than men.[44]
- Human Rights approach and Australia's international obligations
Some of the instruments and declarations that require Australia to
work for the eradication of FGM, as the country is a party to, supports or was significantly involved in the drafting process include;
the Universal Declaration of Human Rights (1948), Convention on the Elimination of All Forms of Discrimination Against Women (1979),
Convention on the Rights of the Child (1989), Declaration on Violence Against Women (1993) and Declaration and Platform for Action
of the Fourth World Conference on Women (1995).[45]
- Consequently, given both the human rights perspective and Australia's obligations under international standards, the recent legislative
action taken by the Queensland government against FGM is but one of the measures that should be taken to prevent violence against
women and to protect children from abuse.[46]
Even if I have to do it hidden in a room, I'll continue . . . I'm the sixth generation of my family to do this. I began with my own
daughter. Charity begins with oneself, doesn't it?[47]
- buankisa[48]
- Specific legislation serves to extinguish any doubt within the general community as to the illegality of FGM, by officially stating
that the practice of FGM will not be tolerated. This is of particular import in Queensland given previous doubts as to the adequacy
and clarity of the law concerning FGM under the Criminal Code.[49]
- Despite its importance education alone cannot serve to eliminate FGM within an acceptable time frame. Education aims to change attitudes
by raising awareness, however not all people's attitudes can be changed by way of education. Notwithstanding educational programs
that focus on the detrimental consequences the practice of FGM has on health, some members of the affected communities refuse to
accept that all types of FGM are dangerous.[50]
- Educational programs are not compulsory and as such cannot provide a guarantee that all sections of the communities will be reached.
Furthermore, those women that do attend may be forced to withdraw, due to friction within the family.[51]
It has been widely acknowledged that the cultural pressures on mothers, even when they move to completely different cultures remain
a major consideration in the perpetuation of the practice.[52]
- Legislation can provide legal protection and support to women and children who wish to resist the practice within their communities.[53]
Legislative action is not however without its critics. Nevertheless, many of the arguments voiced against legislation merely support
the provisions of relevant international instruments such as the Declaration on Violence Against Women (1993) that in order for legislation
to be effective, it must be accompanied by a broad and inclusive strategy for community-based education and awareness-raising.[54]
- Britain, Sweden, Canada and the US have all passed specific legislation criminalising the practice of FGM, with France and many other
European countries addressing FGM through their existing criminal laws concerning intentional or negligent assault, or the unlicensed
practice of medicine.[55]
Within Australia: NSW, SA, ACT, NT, Victoria and Queensland have expressly legislated against the practice of FGM, only WA has failed
to do so, considering its existing Criminal Code to be adequate.[56]
- The inclusion of sections 323A and 323B into the Criminal Code expressly prohibit the
practice of FGM.[57]
Legitimate medical procedures and sexual reassignment procedures have been excluded from the definitions.
- Section 323A(1) criminalises the performance of FGM and although s 323A(3) has not replicated the WHO classification typologies, it
would appear the definition of FGM without having yet been tested in court fully encompasses all recognised acts of FGM. The penalty
of a maximum term of 14 years is indeed severe, however there has been no legislative distinction made within either section 323A
or 323B, between health professionals and non-professionals that perform FGM.[58]
Furthermore no sanctions have been introduced to discipline institutions in which it is found that FGM has been performed. This
is particularly disappointing given the strong condemnation of medicalisation of FGM by the AMA, WMA and WHO.[59]
Additionally the Queensland legislation fails to impose penalties on those who aid, abet or arrange for the performance of the procedure
unless it concerns the removal or arrangements to remove the child from the state, in which case section 323B is applicable.
- Section 323B specifically deals with the intention or actual taking of a child outside of Queensland to be genitally mutilated. Previously
there was no law that prevented a person from taking a child, normally resident in Australia, out of the country for the performance
of the procedure. Regardless of whether authorities were aware or reasonably aware of this intention. There was doubt as to the
ability under Australian law to prosecute the person upon their return.[60]
Section 323B presumes that the removal of the child overseas is for the purpose of performing FGM, however the accused can give
evidence to rebut this presumption.[61]
- It is also noted that the practical application of this section can be seen as problematic particularly with respect to evidentiary
matters. However, given the serious consequences for children such legislative action is necessary to provide the highest level of
protection possible for the children and women concerned. Section 323B also serves to illustrate Australia's (Queensland's) commitment
to carrying out its previously mentioned international treaty obligations.[62]
- Child protection mechanisms ensure the safety of the child by providing additional scope for sensitive community education and social
work interventions, that are tailored to the needs of children. All of Australia's states and territories have jurisdiction under
general child protection legislation to respond to incidences of FGM as a matter of physical abuse.[63]
- There is however no specific child protection protocol within Queensland for addressing the practice of FGM. This is problematic,
given the recent criminalisation of FGM, the cultural nature of the practice and some of the unique qualities of the procedure that
may distinguish it from other offences against children.[64]
Given the recent criminalisation of FGM, it is also important that guidelines be developed for use by Suspected Child Abuse and
Neglect teams, for the investigation and handling of families at risk and families suspected of having had their daughters mutilated.[65]
Finally, the limited scope of mandatory reporting within Queensland under the Health Act (1937) also needs to be extended to a wider
range of professions beyond medical practitioners, who are required to report suspected maltreatment or neglect.
. . . culture is not static but it is in constant flux, adapting and reforming. People will change their behaviour when they understand
the hazards and indignity of harmful practices and when they realise that it is possible to give up harmful practices without giving
up meaningful aspects of their culture.[66]
- Despite criticisms concerning the efficacy of education as the sole tool against FGM, it plays an essential complementary role to
legislation. In the absence of educational programs communities will misinterpret the purpose of legislation.[67]
- The importance of education is further highlighted by the reasons given by the affected communities for the perpetuation of the practice.
Many people who practise FGM see Western societies as sexually promiscuous, and in the process of disintegration: consequently citing
FGM as a defence against Europeanisation and its corrupting influences.[68]
- The Commonwealth provides funding to the States and Territories through the Public Health Outcome Funding Agreements for a range of
services, including those to address FGM.[69]
- At the state level the Commonwealth funding was distributed to Queensland Health which in turn funded the Family Planning Association
of Queensland (FPQ) in November 1997, to develop and implement an education program for FGM. A project reference committee was established
and two project officers were appointed. Initial training spanned from 1998 to 1999 and five women from the African Community were
employed to provide health education.[70]
Two of these African women ran regular community sessions throughout 1999-2000 on general reproductive sexual heath and FGM. The
current program is a training module for the Horn of Africa community and is concerned with the facilitation of making informed choices
by providing accurate information about the consequences of FGM to health.
- The employment of women from the affected African communities by FPQ is particularly important given the fact that many of the affected
women are distrustful of what those outside of their community have to say about FGM.[71]
However, it must be noted that many communities have not been accessed and until recently the sole target population was that of
African migrants residing in the Brisbane Metropolitan area. The current program has however proposed to extend its services to
Asian and Arabic communities.
- Given the criminalisation of FGM it is now imperative to ensure that all communities are aware of the law. Although program reports
indicate that community educator trainees are informed of the illegality of the practice in Australia the detail of these explanations
are unclear and would seem to be inadequate given the recent express legislative repercussions for the performance of the practice.
- The current program has shifted away from the education of medical and allied health professionals. Nevertheless, it is important
that such educational initiatives are not forgotten as the stigmatising and possibly injurious affects that incorrect assumptions
by practitioners about FGM may have on women and children who have undergone the practice is a continuing reality.
- Of further concern is the fact that there is no counselling program in place in Queensland unlike in other states, particularly given
that many of the psychological effects of FGM can become more acute when placed in a non-practising culture. The women may become
more conscious of their condition, question their womanhood and feel abnormal after making friends with women of their own age that
have not undergone the procedure.[72]
- It would be naive to assume that FGM stops as soon as people from practicing communities enter Australian borders; furthermore there
has been anecdotal evidence of the performance of FGM within Queensland. In order for sections 323A and 323B of the Criminal Code
to be effective they must be accompanied by a broader strategy for community-based, particularly legislative education than is in
effect at the moment. So as to ensure that the law is not misunderstood, otherwise the amendments shall be counterproductive. The
practice of FGM is an unnecessary, life-threatening procedure that damages not only the women's physical, mental, body image and
general well being but also her sexuality. To guarantee the integrity of women, serious efforts must be taken to ensure that the
practice is discontinued and that interventions that aim to do so are successful.
Appendix A[73]
Type I:
Excision of the prepuce, with or without excision of part or all of the clitoris
Type II:
Excision of the clitoris with partial or total excision of the labia minora
Type III:
Excision of part or all of the external genitalia and stitching/narrowing of the vaginal opening (infibulation)
Type IV:
Unclassified: includes pricking, piercing or incising of the clitoris and/or labia; stretching of the clitoris and/or labia; cauterisation
by burning of the clitoris and surrounding tissue; scraping of tissue surrounding the vaginal orifice (angurya cuts) or cutting of
the vagina (gishiri cuts); introduction of corrosive substances or herbs into the vagina to cause bleeding or for the purposes of
tightening or narrowing it; and any other procedure that falls under the definition of female genital mutilation given by the joint
statement of WHO, UNICEF and UNFPA, Geneva 1997.
Appendix B[74]
Physical Consequences and Complications
Immediate complications
a) Bleeding
i) Death
ii) Haemorrhage
iii) Shock
iv) Anemia
v) Hypotension
b) Injury to neighbouring
organs
c) Oliguria
i) Urine retention
ii) Dehydration
iii) Urethral injury
iv) Urethral edema
d) Infection
i) Cellulitis
ii) Fever
iii) PID
iv) Tetanus
v) Gangrene
vi) Septic shock
e) Fractures
i) Clavicle
ii) Femur
iii) Humerus
Long-term
complications
a) Type I and II
i) Failure to heal
ii) Abscess formation
iii) Dermoid cyst
iv) Keloids
v) Urinary tract infection
vi) Scar neuroma
vii) Vulva abscess
viii) Painful sexual intercourse
ix) HIV/AIDS, hepatitis B and other blood-borne diseases
x) Pseudo-infibulation
b) Type III
i) All of the above for Types I and II as well as:
ii) Reproductive tract infections
iii)
Dysmenorrhoea
iv) Chroic urinary tract obstruction
v) Urinary incontinence
vi) HIV/AIDS, hepatitis B and other bloodborne diseases
(increased risk due
to repeated cutting and stitching, higher incidence of wounds and
abrasions during sexual intercourse, and the
possibility of anal intercourse
when vaginal penetration is impossible).
vii) Stenosis of the artificial opening to the vagina
viii) Complications with labour and delivery
ix) Injury to neighbouring organs
x) Infibulated scar
xi) Apareunia
xii) Dyspareunia
Appendix C
The Universal Declaration of Human Rights (1948)
Australia supports this declaration. The practice of FGM would appear to breach
Articles 3 and 5.[75]
Convention on the Elimination of All Forms of Discrimination Against Women (1979)
Australia is a party to this convention. Article
10, states that parties shall take all appropriate measures to promote equality between men and women. Article 12 focuses on women's
health care facilities. Article 16 specifically deals with the "public/private" distinction, and requires appropriate measures for
equality between the sexes regarding marriage and family relations.[76]
The Convention on the Rights of the Child (1989)
The convention specifically sets out human rights principles applicable to children,
with article 24(3) particularly refers to harmful traditional practices, thus leaving little doubt that that this particular article
aims to eliminate such practices as FGM and requires Australia to take action accordingly.[77]
United Nations Declaration on Elimination of Violence Against Women (December 1993)
Australia was significantly involved in the drafting
of the Declaration and formally supports the declaration. Article 2, (a) specifically states that violence against women encompasses
FGM.[78]
The Declaration and Platform for Action of the Fourth World Conference on Women - Beijing (September 1995)
The declaration makes
strong statements supporting women's and girls rights and calls for the end of the practice of FGM. Paragraph 39 lists FGM as one
of the various forms of sexual and economic exploitation to which girls are often subjected. Paragraph 93 refers to FGM in the context
of social discrimination, with paragraph 107(a) calling for the strengthening of preventive programs that promote women's health,
concerning which FGM is specifically mentioned. Paragraph 232(h) calls for the prohibition of FGM and paragraph 277 calls for the
development and implementation of education programs regarding among other things FGM.[79]
Appendix D[80]
Female genital mutilation
323A.(1) Any person who performs female genital mutilation on another person is guilty of a crime.
Maximum
penalty - 14 years imprisonment,
(2) It is not a defence that the other person, or, if the other person is a child, a parent or
guardian of the other person, consented to the mutilation.
(3) In this section -
"female genital mutilation" means -
(a) clitoridectomy;
or
(b) excision of any other part of the female genitalia;
(c) or a procedure to narrow or close the vaginal opening; or
(d) any other
mutilation of the female genitalia;
but does not include -
(e) a sexual reassignment procedure; or
(f) a medical procedure for a genuine therapeutic purpose.
"medical procedure for a genuine
therapeutic purpose" means a medical
procedure that is-
(a) directed only at curing or alleviating a physiological disability, physical abnormality, psychological disorder or pathological
condition; or
(b) performed on a person in labour or who has just given birth and directed only at alleviating physical symptoms
in relation to the labour or birth or for other medical purposes; or
(c) performed on a person who has been subjected to female genital
mutilation and directed only at treating the effects, or to reversing the effects, or the previous mutilation.
"sexual reassignment
procedure" means a surgical procedure to give a person the
genital appearance of a particular sex, whether male or female.
Removal
of child from State for female genital mutilation
323B.(1) Any person who takes a child from the State, or arranges for a child
to be taken from the State, with the intention of having female genital mutilation performed on the child is guilty of a crime.
Maximum penalty - 14 years imprisonment.
(2) In the absence of proof to the contrary, it is to be presumed that a person took a
child, or arranged for a child to be taken, from the State with the intention of having female genital mutilation performed on the
child if it is proved -
(a) the person took the child, or arranged for the child to be taken, from the State; and
(b) female genital
mutilation was performed on the child while outside the State.
(3) In this section -
"child" means a person under 18 years.
"female genital mutilation" see section 323A
Books
Dirie W, Desert Flower: The Extraordinary Life of a Desert Nomad, Virago Press, New York, 1998
Rioja I, The Day Kadi Lost Part of Her Life, Spinifex Press, Melbourne, 1998 at 3
Toubia N, A Call for Global Action, Women Ink, New York, c1993
Journals
Al-Krenawi A & Wiesel-Lev R, "Attitudes toward and perceived psychosocial impact of female circumcision as practiced among the
Bedouin-Arabs of the Negev" (1999) 38(4) Family Process 431
Bunney L, "Female Genital Mutilation" (1995) 3 Australian Health Law Bulletin 69
Ierodiaconou M, "'Listen to Us!' Female Genital Mutilation, Feminism and the Law in Australia" [1995] MelbULawRw 30; (1995) 20 Melbourne University Law Review 562
Kopelman LM, "Female circumcision/genital mutilation and ethical relativism" (1994) 20(2) Second Opinion 54
Nour NM, "Female circumcision and genital mutilation: a practical and sensitive approach" (2000) 45(3) Contemporary Obstetrics and
Gynaecology 50
Otto D, "Violence Against Women - Something Other Than a Violation of Human Rights?" (1993) 1 The Australian Feminist Law Journal 159
Patrick I, "Responding to Female Genital Mutilation: The Australian Experience in Context" (2001) 36(1) Australian Journal of Social Issues 15
Swensen G, "Female Genital Mutilation and Human Rights" (1995) 48(2) Australian Social Work 27
Reports
Amnesty International, Female Genital Mutilation: A Human Rights Information Pack,
ACT, Amnesty International, 1997
<http://www.amnesty.org/ailib/intcam/femgen/fgm1.htm>
(12/07/01)
Australian Bureau of Statistics, Census of Population and Housing, unpublished data, ABS, 1996
Department of Immigration and Multicultural Affairs, Population Flows: Immigration Aspects, Canberra, DIMA, 2000
Family Law Council,
Female Genital Mutilation, ISBN 0642208123, Canberra, Family Law Council, June 1994 at [3.03]
<http://law.gov.au/flc/reports/fgm.html>
(19/0701)
Hannah-Munster J, A Report on the Female Genital Mutilation Education Program for Queensland, Fortitude Valley, Family Planning Queensland,
1999
Mr Matthew Foley, Queensland, House of Representatives, Parliamentary Debates (Hansard), No.357, 5 October 2000, 3552
Royal Australian College of Obstetricians and Gynaecologists, Female Genital Mutilation: Information for Australian Health Professionals,
Victoria, The Royal Australian College of Obstetricians and Gynaecologists, 1997
WHO, UNICEF, UNFPA, A Joint WHO/UNICEF/UNFPA Statement, Geneva, World Health Organization, 1996
WHO, UNICEF, UNFPA, Female Genital Mutilation: A Joint WHO/UNICEF/UNFPA Statement, Geneva, World Health Organization, 1997
World Health Organization, Female Genital Mutilation: An Overview, Geneva, World Health Organization Publications, 1998 at 4
<http://www.who.int/dsa/cat98/fgmbook.htm>
(12/07/01)
[1]
From now on to be referred to as the Criminal Code
[2]
(re-printed and in force on the 1st of December 2000)
[3]
Patrick I, "Responding to Female Genital Mutilation: The Australian Experience in Context" (2001) 36(1) Australian Journal of Social Issues 15 at 16
[4]
World Health Organization, Female Genital Mutilation: An Overview, Geneva, World Health Organization Publications, 1998 at
[4]
<http://www.who.int/dsa/cat98/fgmbook.htm>
(12/07/01)
[5]
WHO, UNICEF, UNFPA, Female Genital Mutilation: A Joint WHO/UNICEF/UNFPA Statement, Geneva, World Health Organization, 1997
[6]
As given in Appendix A
[7]
Amnesty International, Female Genital Mutilation: A Human Rights Information Pack, ACT, Amnesty International, 199
[7]
(Section One at 1)
<http://www.amnesty.org/ailib/intcam/femgen/fgm1.htm>
(12/07/01)
[8]
Note 4 at 7
[9]
Note 3 at 17
[10]
Dirie W, Desert Flower: The Extraordinary Life of a Desert Nomad, Virago Press, New York, 1998 at 28
[11]
often including the child's mother
[12]
Family Law Council, Female Genital Mutilation, ISBN 0642208123, Canberra, Family Law Council, June 1994 at [3.03]
<http://law.gov.au/flc/reports/fgm.html>
(19/0701)
[13]
Al-Krenawi A & Wiesel-Lev R, "Attitudes toward and perceived psychosocial impact of female circumcision as practiced among the
Bedouin-Arabs of the Negev" (1999) 38(4) Family Process 431 at 431
[14]
Note 4 at 7
[15]
Note 7 (Section 1) at 2
[16]
Note 4 at 3
[17]
Note 15
[18]
Kopelman LM, "Female circumcision/genital mutilation and ethical relativism" (1994) 20(2) Second Opinion 54 at 61
[19]
Note 18 at 61
[20]
Note 18 at 62
[21]
Note 4 at 23
[22]
Note 7 (Section One) at 6
[23]
A more comprehensive coverage of medical complications can be found in Appendix B
[24]
Note 7 (Section One) at 3
[25]
Note 7 (Section One) at 4
[26]
Note 7 (Section Three) at 1
[27]
Note 12 at [2.32]
[28]
Note 24
[29]
Note 7 (Section One) at 2
[30]
Note 12 at [2.38]
[31]
Note 30
[32]
Note 12 at [2.48] and [2.52]
[33]
Department of Immigration and Multicultural Affairs, Population Flows: Immigration Aspects, Canberra, DIMA, 2000 at 26
[34]
1736 visas
[35]
708 visas
[36]
Note 33
[37]
the most recent data obtainable
[38]
Australian Bureau of Statistics, Census of Population and Housing, unpublished data, ABS, 1996
[39]
Hannah-Munster J, A Report on the Female Genital Mutilation Education Program for Queensland, Fortitude Valley, Family Planning
Queensland, 1999 at 7
[40]
Toubia N, A Call for Global Action, Women Ink, New York, c1993 at 10
[41]
Ierodiaconou M, "'Listen to Us!' Female Genital Mutilation, Feminism and the Law in Australia" [1995] MelbULawRw 30; (1995) 20 Melbourne University Law Review 562 at 571
[42]
Note 7 (Section Four) at 2
[43]
Note 7 (Section Two) at 2
[44]
Note 12 at [5.15]
[45]
Inclusion of the relevant articles are given in Appendix C
[46]
Note 7 (Section Eight) at 2
[47]
Rioja I, The Day Kadi Lost Part of Her Life, Spinifex Press, Melbourne, 1998 at 3
[48]
A buankisa is the name given to a woman that performs FGM in the sub-Saharan country of Africa
[49]
Bunney L, "Female Genital Mutilation" (1995) 3 Australian Health Law Bulletin 69 at 69
[50]
Note 12 at [6.21]
[51]
Note 50
[52]
Note 12 at [2.28]
[53]
Note 12 at [5.16]
[54]
Note 7 (Section Eight) at 2
[55]
Note 3 at 22
[56]
Crimes Act 1990 (NSW), s 45; Criminal Law Consolidated Act 1935 (SA), s 33; Crimes (amendment) Act number 3 1995 (ACT); Criminal
Code Act 1983 (NT), ss 186A-186D; Crimes Act 1958 (Victoria), ss 32-38A; Criminal Code Act 1899 (Qld), ss 323A-323B
[57]
The actual provisions are given in Appendix D
[58]
Although it is noted that medical practitioners can be reported for professional misconduct under section 35 of the Medical Act
(Qld)
[59]
Note 4 at 6
[60]
Note 12 at [6.55]
[61]
Mr Matthew Foley, Queensland, House of Representatives, Parliamentary Debates (Hansard), No.357, 5 October 2000, 3552
[62]
Note 12 at [6.60]
[63]
Note 3 at 23
[64]
Note 12 at [6.81]
[65]
Note 49 at 71
[66]
WHO, UNICEF, UNFPA, A Joint WHO/UNICEF/UNFPA Statement, Geneva, World Health Organization, 1996
[67]
Note 12 at [6.05]
[68]
Note 12 at [5.10]
[69]
Note 3 at 16
[70]
Note 39 at 11
[71]
Note 3 at 20
[72]
Note 12 at [3.18]
[73]
Note 4 at 6
[74]
Nour NM, "Female circumcision and genital mutilation: a practical and sensitive approach" (2000) 45(3) Contemporary Obstetrics and
Gynaecology 50 at 52
[75]
Note 12 at [4.02]
[76]
Note 12 at [4.03]
[77]
Note 12 at [4.07]
[78]
Note 12 at [4.04]
[79]
Note 3 at 33
[80]
Criminal Code Act 1899 (Qld)
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