The female genital mutilations: some reflections on the protection of victims

Abstract

In the following research paper the main argument will take into consideration these keywords: female genital mutilations, consent of the victims, abusive exercise of the medical profession, custody of a child victimized, damages to the victim. This paper will analyse the legal and criminological aspects of the many women who still suffer from these atrocities. The female genital mutilations are released in almost 40 countries (especially 28 countries in the sub-Saharan African region). Every year, 3 million of little girls are included with the other 130 million of women who are still remembering this kind of violence. Particularly, some data research given by a single country has shown that there are 5% women in Nigeria and 94% in Mali where women has suffered from these atrocities. At the international level, the action has been taken by International Organization such as The African Women Organization which has started to abolish and especially prevent the issue involved. At the European level, this matter started to become quite problematic in the 1970’s until it became more problematical in 1980’s. This problem was taken significantly during a Conference about women taking place in Copenhagen where delegates from America and Africa took the lead and discuss with each other on this issue. As far as this issue is concerned, many countries have enacted laws with the aim to act against the female genital mutilations; in 2006, Italy has been acted a law aiming to link the preventive order and repressive order. Such importance of this action is justified by the fact that Italy has the highest percentage of mutilated women coming from countries such as Nigeria and Somalia. As it was mentioned before, this issue has to be analysed not only at historical or legal point of view, but also medical-legal and criminological. Considering these three level, this issue can be considered a breach of “Legge Consolo” which seems to be an abuse of a woman body and consequently construct a cultural conflict. In this text, a brief perspective of the female mutilations has been analysed. Consequently the authors want to examine some problematic issue regarding the safeguard of the victims taking into consideration the law n. 7 of January 9th and the Guidelines of the Ministry of Health in order to give to the victim’s prevention, assistance rehabilitation.