Pan-African body hails Kenyan court's anti-FGM ruling

ADDIS ABABA, Ethiopia

The African Union Commission’s Women, Gender and Youth Directorate has lauded a decision by the High Court of Kenya dismissing a case in which prohibition of female genital mutilation (FGM) was challenged.

“[…] A medical doctor had challenged the prohibition of FGM, arguing that it limited women’s choice and right to uphold their culture,” a press release issued by the commission said on Monday.

It said: “The court, however, on March 17, 2021, ruled that the practice of FGM violates a woman’s right to health, human dignity and in instances when it results in death, the right to life, adding that the practice also undermines international human rights standards.”

“The AU Commission has termed the decision a clear demonstration of the commitment by member states to preserve, protect and promote women’s rights through laws, policies and action,” the release said.

During the trial and ruling, it noted, several African Union treaties such as the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol on Women’s Rights), the African Charter on the Rights and Welfare of the Child, together with other international instruments, including the Convention on Elimination of All Forms of Discrimination against Women; and the Beijing Declaration and Platform for Action, were referenced to validate the retrogressive nature of FGM and the need to protect women and girls rights.

FGM is widely practiced in the East Africa region and is considered a major rights issue and a health hazard.