The practice of Female Genital Mutilation (FGM) represents one of the most serious human rights violations, with deep roots in tradition and serious repercussions on the physical and mental health of women and girls. The purpose of this work is to analyze the relationship between the phenomenon of FGM and the approach of the European countries from a legislative perspective with a particular focus on Italy, France and Spain. The first chapter concentrates on the history of the practice, alongside its psychological, physical, and social consequences, emphasizing how these factors impact the lives of women and girls. The second chapter analyzes the international and regional legal instruments adopted to address the practice, starting from the United Nations, moving on the African institutions and the Istanbul Convention of the Council of Europe, highlighting the differences between the global and local legal frameworks. In addition, the chapter will also deal with the exploration of the national legislation in Italy, France and Spain analyzing the different laws and the judgments that regulate the repression and protection of the practice. Special attention is given to the approach of national courts, which often face the challenge of balancing cultural traditions with the protection of women’s fundamental rights. Finally, the thesis offers a critical evaluation of the effectiveness of these frameworks in the different countries, suggesting possible improvements through a culturally informed and sensitive approach to effectively address the issue of FGM in Europe.
Law and Multiculturalism: Legal responses and cultural challenges in addressing Female Genital Mutilation within the EU
MASSANISSO, SONIA
2024/2025
Abstract
The practice of Female Genital Mutilation (FGM) represents one of the most serious human rights violations, with deep roots in tradition and serious repercussions on the physical and mental health of women and girls. The purpose of this work is to analyze the relationship between the phenomenon of FGM and the approach of the European countries from a legislative perspective with a particular focus on Italy, France and Spain. The first chapter concentrates on the history of the practice, alongside its psychological, physical, and social consequences, emphasizing how these factors impact the lives of women and girls. The second chapter analyzes the international and regional legal instruments adopted to address the practice, starting from the United Nations, moving on the African institutions and the Istanbul Convention of the Council of Europe, highlighting the differences between the global and local legal frameworks. In addition, the chapter will also deal with the exploration of the national legislation in Italy, France and Spain analyzing the different laws and the judgments that regulate the repression and protection of the practice. Special attention is given to the approach of national courts, which often face the challenge of balancing cultural traditions with the protection of women’s fundamental rights. Finally, the thesis offers a critical evaluation of the effectiveness of these frameworks in the different countries, suggesting possible improvements through a culturally informed and sensitive approach to effectively address the issue of FGM in Europe.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.12608/98736