This Article consists of seven sections. Following the introduction, Part II reconstructs the debate as to whether Female Genital Ritual is a legitimate cultural practice or a human rights violation, and it sets forth the major arguments. Part III delves into, and debunks, the moral relativist argument regarding FGR. Part IV seeks to determine whether FGM is evil. A foray into the theory of evil, the section draws critical distinctions between FC and FGM and explains why the distinctions are of paramount moral importance. Part IV also concludes that FGM is evil, and thus, among the issues related to the betterment of women worldwide, FGM deserves more attention. Part V addresses whether there are ethical bases for opposing bona fide cases of FGM. Relying on the principles of beneficence and non-maleficence, in addition to ethics of care, Part V returns an affirmative response. Part VI examines the antidotal adequacy of the existing human rights framework. Because human rights norms, in their current incarnation that prohibit FGR fail to draw a distinction between consenting adults and those forced to undergo the procedure and fail to recognize the difference between FC and FGM, Part VI argues that the framework is defective. Because, in their current incarnation, human rights norms prohibiting female FGR fail to draw a distinction between consenting adults and those forced to undergo the procedure, and fail to recognize the difference between FC and FGM, Part VI argues that the framework is defective. Part VII asserts that education and awareness campaigns are more productive paths to eradication than criminalization.
Circumcision or Mutilation - Voluntary or Forced Excision - Extricating the Ethical and Legal Issues in Female Genital Ritual,
25 J.L. & Health
available at https://engagedscholarship.csuohio.edu/jlh/vol25/iss1/5