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The law and ethics of female genital cutting

chapter
posted on 2023-06-09, 11:29 authored by Arianne ShahvisiArianne Shahvisi, Brian D Earp
In this chapter, we contrast legal and ethical perspectives on two forms of nontherapeutic female genital cutting: those commonly known as “female genital mutilation” and those commonly known as “female genital cosmetic surgeries.” We begin by questioning the usefulness of these categories—and the presumed distinctions upon which they rest— stressing the shared features of the two sets of practices. Taking UK legislation as a case study, we show that there are troubling inconsistencies in the way in which female genital cutting is understood in Western contexts. Specifically: (a) all nontherapeutic genital alterations to female minors are criminalised, typically with harsh penalties for transgressing the law, while even more invasive nontherapeutic genital alterations to male and intersex minors are permitted and almost entirely unregulated; and (b) genital alterations of adult women regarded as “cosmetic” in nature are treated as legal, while in some jurisdictions, anatomically identical procedures classified as “mutilation” are illegal. This chapter highlights these and other inconsistencies, speculates as to why they arise in Western contexts, and explores the scope for more consistent and constructive attitudes and legislation.

History

Publication status

  • Published

File Version

  • Accepted version

Publisher

Cambridge University Press

Page range

58-71

Pages

148.0

Book title

Female genital cosmetic surgery: solution to what problem?

ISBN

9781108394673

Department affiliated with

  • BSMS Publications

Full text available

  • No

Peer reviewed?

  • No

Editors

Sarah M Creighton, Lih-Mei Liao

Legacy Posted Date

2018-01-10

First Compliant Deposit (FCD) Date

2018-01-09

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