Kenya High Court rules that female genital mutilation (FGM) practice is unconstitutional

Kenya High Court rules that female genital mutilation (FGM) practice is unconstitutional

On 17 March 2021, a three-judge bench of the Kenya High Court decided to uphold ‘Kenya’s Female Genital Mutilation Act, passed in 2011, which criminalised the practice. The Court argued that FGM does not have any health benefits for women. On the opposite, the practice can harm women’s health and even lead to death. The judges further pointed that the argument of free choice could not be sustained in the case, because the consent does not exclude the harmful nature of the practice. In addition, the judges referred to the international agreements ratified by Kenya such as the CEDAW and the Maputo Protocol regarding the protection of women’s rights.

For further information please check here: https://www.equalitynow.org/kenya_fgm_case_response_2021?utm_campaign=kenya_fgm_case_verdi&utm_medium=email&utm_source=equalitynow