- To mark the International Day of Zero Tolerance for Female Genital Mutilation, a new global report outlines the opportunities and challenges of litigating FGM cases.
- FGM is internationally recognized as a serious violation of human rights, involving the removal of all or part of the external female genitalia for non-medical reasons.
- The practice is associated with serious physical and psychological problems and stems from gender inequality.
Courts are a crucial frontline in the fight against female genital mutilation (FGM). Over the past two decades, international recognition of FGM as a human rights violation has grown, alongside a shift toward criminal prohibitions.
According to a new report from Equality Now, with legal research support facilitated by the Thomson Reuters Foundation’s global pro bono service, TrustLaw reveals how women’s rights activists and FGM survivors are increasingly using strategic litigation to strengthen the implementation of laws, close legal gaps and defend hard-won protections against rollbacks.
Towards Justice: Global Challenges and Opportunities in Litigating Cases of Female Genital Mutilation outlines lessons from strategic litigation in Burkina Faso, India, Kenya, Liberia, Gambia and the United States.
The report also analyzes barriers to justice in ten countries, including Australia, Burkina Faso, Egypt, France, Kenya, Liberia, Sierra Leone, Uganda, the United Kingdom and the United States.
Divya Srinivasan from Equality Now explains: “By examining how the law works in practice, we can better understand how to apply it effectively. Our research shows that strategic litigation is one of the most powerful ways to tackle FGM by exposing protection gaps, setting legal precedents and achieving wider reform. But litigation alone is not enough. To achieve real justice and lasting change, it must be supported by well-implemented, adequately funded enforcement of laws alongside justice systems that protect survivors from harm.”
Female genital mutilation is a global problem
FGM is internationally recognized as a serious violation of human rights, involving the removal of all or part of the external female genitalia for non-medical reasons. The practice is associated with serious physical and psychological problems and stems from gender inequality.
UNICEF estimates that 230 million women and girls worldwide are affected by FGM. Equality Now and its partners have collected evidence of FGM in 94 countries, but only 59 of these have specific laws banning the practice. Significant improvement is needed to ensure better access to justice and support for survivors.
Strategic litigation can improve access to justice for FGM survivors
Strategic criminal, civil, and constitutional litigation can strengthen states’ responses to FGM by exposing systemic deficiencies and clarifying the law, setting legal precedents, and driving legal and policy reforms that have an impact beyond individual cases.
Strategic litigation can empower survivors to speak out and seek solutions. High-profile prosecutions raise public awareness that FGM is a socially and legally unacceptable form of violence against women and girls. Other survivors are encouraged to come forward, and critical conversations are sparked within affected communities, driving social change that prevents future harm.
Crucially, strategic litigation can force states to meet their human rights obligations to protect women and girls, especially where national protections are weak or political will is wavering. It also supports civil society advocacy efforts by equipping them with legal tools and authoritative court decisions that facilitate campaigns, prevention work and accountability for FGM.
An illustration of the clarification of a country’s obligations under constitutional and international law is the 2025 ruling of the Court of the Economic Community of West African States (ECOWAS) against Sierra Leone, where FGM remains widespread. The judgment specified Sierra Leone’s binding legal obligations and called on the country to criminalize FGM, take measures to prevent and ban the practice, protect people at risk, compensate survivors, investigate cases and prosecute perpetrators.
Defending the legal protection of FGM against reversal
Strategic litigation can be critical in preventing rollbacks of legal protections. In Kenya, coordinated legal action successfully defended the law banning female genital mutilation after a constitutional challenge sought to legitimize the practice by framing it as a matter of consent, culture and bodily autonomy. The 2021 Supreme Court ruling upheld one of the strongest anti-FGM laws in Africa and reaffirmed that such arguments cannot override the rights of women and girls.
Similar arguments are now being tested in Gambia. After lawmakers rejected a bill in 2024 that aimed to repeal the ban on FGM, the law is now being challenged on constitutional grounds in the Supreme Court. If the Court rules in favor of revocation, it would set a dangerous precedent by prioritizing religious or cultural rights over the basic human rights to equality, dignity and freedom from violence. Such a decision could weaken protections for women and girls in Gambia and embolden efforts to roll back anti-FGM laws elsewhere.
Legal gaps and systemic failures in prosecuting FGM
Despite the number of countries with anti-FGM laws, prosecution for FGM remains rare, with weak enforcement of the laws and legal loopholes undermining the ability to bring cases to court. FGM is underreported, partly due to stigmatization, fear and weak protection of victims and witnesses. Other concerns include poor investigations, mishandled evidence and limited political or institutional prioritization of FGM cases.
These shortcomings are exacerbated by delays in investigations and legal proceedings, in addition to inaccessible judicial procedures. For the few cases that do go to trial, justice is far from guaranteed, and in some cases inconsistent or lenient sentences do not reflect the severity of the harm caused.
Surviving relatives are often confronted with stigmatization, intimidation, discrimination and retraumatization during legal proceedings. In some contexts, a lack of a survivor-centered approach has contributed to survivors themselves being criminalized under the laws designed to protect them.
Judges, prosecutors, police, healthcare professionals and social services often lack adequate training in FGM and relevant legal frameworks. This lack of understanding contributes to cases being handled poorly and laws being incorrectly applied.
Poor enforcement of court decisions allows perpetrators to avoid meaningful consequences despite their convictions. This undermines the credibility of the justice system, contributes to a broader pattern of impunity and discourages survivors from taking legal action.
A multi-sectoral approach to end FGM
Governments should strengthen and clarify laws to ensure that all forms of FGM are explicitly prohibited and that existing legislation is properly enforced. This includes conducting investigations effectively, ensuring that sentencing reflects the seriousness of the crime, and consistently implementing court decisions. Targeted investments in professional training are needed to improve evidence handling, case management and survivor response.
Laws work best when they are accompanied by prevention efforts that address the root causes of FGM. Ending this harmful practice requires a multi-sectoral approach that combines legal action with health, education, child protection and community-based responses.
Inadequate funding undermines efforts to implement FGM laws. Sustainable public investment, awareness and community involvement are essential. Survivors need access to free legal aid and support services. Civil remedies should also be guaranteed, allowing individuals to seek damages, protection orders or other forms of redress through the civil courts, independently of criminal proceedings.
Kathryn Beck, head of the TrustLaw legal department at the Thomson Reuters Foundationnoted: “Pro bono legal work has a unique power to support the critical missions of organizations like Equality Now. We hope this important report lays the foundation for strengthening anti-FGM laws and empowering frontline professionals working to protect the rights of women and girls around the world.”
Also read: Global spotlight on Gambia as Bill seeks to lift ban on FGM
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