Towards the Elimination of Female Genital Mutilation -an Appraisal of Kenya’s Prohibition of Female Genital Mutilation Act, 2011

Abstract

The campaign against the eradication of Female Genital Mutilation (FGM) is based on the argument that it poses potential health risk and it’s a violation of women and children human rights and fundamental freedoms. On the other hand, supporters of FGM argue that FGM is a cultural right with significance within their communities. It is highly valued and passed from one generation to another. Due to this campaign, countries practicing FGM and those that receive migrants who practice FGM in their countries have adopted several strategies geared towards elimination of FGM. One of the strategies is through a legislative framework. The aim of a legislative framework was to be used as a deterrent tool and show country’s political will towards curbing FGM. Supporters of legislative framework argue that it provides an enabling environment to catalyse social change and lead to abandonment of FGM. Critics on the other hand argue that criminalization of FGM conflicts with the community’s right to enjoy their culture. It has the effect of pushing the practice underground and worsening the situation. Law alone cannot be used to curb FGM it should be accompanied by other strategies. This thesis discusses the criminalisation of FGM and the deterrence effect it has as well as the effectiveness of law as a tool to eliminate FGM in order to provide the way forward.