FGM in Nigeria: From Cultural Tradition to Human Rights Violation—Why Action is Urgent
Human rights are fundamental to ensuring
equality and dignity for all, serving as a benchmark for governance worldwide.
While global attention has increasingly focused on the protection and
implementation of these rights, grave violations persist—driven by war,
socio-cultural practices, and systemic discrimination.
These violations span gender-based violence,
discriminatory policies, misgovernance, and power imbalances. In response,
global and regional institutions have strengthened efforts through treaties,
conventions, and national laws. Advocacy and awareness campaigns remain vital
in driving behavioural and policy changes to uphold human
rights, especially for women and girls.
Amid global discussions on human rights,
gender-based violence remains a critical concern. This pervasive issue includes
various forms of violence driven by gender, sexual orientation, or societal
expectations. Alarmingly, UN data shows that nearly one in three women
worldwide has experienced physical or sexual violence at least once in their
lifetime, often perpetrated by a current or former intimate partner.
While these statistics shows the urgent
need for action, significant progress has been made. Across 193 countries, over
7,000 measures have been implemented to combat gender-based violence, including
more than 1,583 legislative reforms specifically targeting violence against
women[1].
This reflects a strong global commitment to eliminating gender-based violence
and strengthening the rights and protection of women and girls.
In recent years, as discussions on violations
of women’s and girls’ rights have gained momentum, there is a growing focus on
the specific forms of gender-based violence across diverse cultural contexts.
The statistics remain alarming, ranging from child marriage and restricted
access to healthcare and education to intimate partner violence.
One of the most alarming forms of gender-based
violence is Female Genital Mutilation (FGM). Global reports estimate that 230
million girls have undergone FGM, with 144 million cases occurring in
sub-Saharan Africa. Additionally, 20 million girls remain at risk, highlighting
the urgent need for stronger interventions and advocacy[2]. In response, the UN Human
Rights Council (HRC) passed a resolution recognizing FGM as a form of violence
against women and girls, urging countries to enact national legislation prohibiting
the practice and to strengthen enforcement measures.
Since then, several international bodies have
reinforced this commitment. CEDAW and the Office of the UN High Commissioner
for Human Rights have consistently reminded member states of their obligation
to eliminate FGM and other harmful practices. In 2014, signatory states to
CEDAW and the Convention on the Rights of the Child adopted a Joint General
Recommendation on Harmful Practices, reaffirming their duty to ensure full
compliance in eradicating these violations.
In
March 2018, during its session on Challenges and Opportunities in
Achieving Gender Equality and the Empowerment of Rural Women and Girls, the UN Commission on the Status of
Women reaffirmed the urgency of eliminating FGM, child marriage, and forced
marriage. The Commission highlighted the disproportionate impact of these
practices on rural women and girls and stressed the importance of community
empowerment in challenging harmful social norms and driving lasting change.
These global commitments
are echoed in regional and continental charters and conventions that explicitly
prohibit FGM and other harmful practices: The Maputo Protocol (2003), a landmark
legal instrument that, under Article 5, mandates states to implement
legislative, social, and educational measures to eliminate FGM and other
harmful practices. Similarly, the African Charter on the Rights and Welfare of
the Child (1990): Article 21 calls for the eradication of harmful social and cultural
practices, including FGM, and requires states to protect children from such
violations. The Abuja Declaration on FGM (2003): African
leaders and civil society organisations
reaffirmed their commitment to ending FGM, urging governments to strengthen
national policies and legal frameworks. The African Union’s Agenda 2063, also a
long-term development blueprint that prioritises gender
equality, the eradication of harmful traditional practices like FGM, and the
strengthening of legal mechanisms to protect women and girls. Finally, the ECOWAS Gender Policy (2005)
Advocates for the elimination of FGM and other forms of gender-based violence,
encouraging member states to adopt and enforce national legislation banning
these practices.
These frameworks reinforce a strong regional and continental commitment
to eradicating FGM and safeguarding the rights of women and girls across
Africa.
Although Nigeria is a
signatory to several international and regional conventions prohibiting Female
Genital Mutilation (FGM), the 1999 Constitution (as amended) does not
explicitly ban the practice. However, certain constitutional provisions can be
interpreted as prohibiting FGM: Section
15(2), prohibits discrimination, reinforcing the principle of equal rights,while section
17(2): Affirms equality of rights for all citizens, which can be applied to
protecting women and girls from harmful practices. Section 34(1): Prohibits torture,
inhuman, or degrading treatment, aligning with arguments against FGM as a
harmful and degrading practice. While these provisions
offer a legal basis for challenging FGM, the absence of explicit constitutional
prohibition highlighted the need
for stronger legislative action to eradicate the practice.
Further reinforcing this stance, Section 11(b) of the Child’s Rights Act (2023) explicitly
prohibits subjecting any child to torture, inhuman, or degrading treatment.
This provision strengthens Nigeria’s legal commitment to protecting children
from FGM and other harmful practices.
A major milestone in the fight against Female
Genital Mutilation (FGM) was the passage of the Violence
Against Persons (Prohibition) Act (VAPP) 2015. Section 6(1)
of the Act explicitly criminalizes the circumcision or mutilation of the female
genitalia of any woman or girl. Additionally, Sections
6(2)–(4) impose
penalties on individuals who perform, aid, or attempt to carry out FGM.
However, the Act does not mandate the reporting of FGM cases, leaving a gap in
enforcement and accountability.
Before the enactment of the VAPP Act, the HIV and AIDS (Anti-Discrimination) Act of 2014, under Section 3(3),
prohibited any culture, practice, or tradition that exposes individuals to
HIV/AIDS. This provision is particularly relevant, as FGM has been linked to a
higher risk of HIV transmission due to unhygienic cutting practices and other
related health complications affecting girls and young women.
While traditional forms of
Female Genital Mutilation (FGM) are prohibited, a concerning trend has
emerged—the medicalisation of
FGM, where healthcare professionals perform the procedure in medical
settings. However, FGM has no medical
justification, regardless of where or by whom it is carried out, and
remains a violation of human rights with serious health consequences.
The Violence Against Persons
(Prohibition) Act (VAPP) 2015 does not explicitly address the
issue of medicalized FGM. However, Section 48(1) of the National
Health Act (2004) prohibits the removal or cutting of tissue
from another person’s body without lawful justification. This provision can be
interpreted to mean that medical practitioners should not perform FGM, as it
constitutes an unjustified and harmful practice with no medical benefit.
espite legal prohibitions against FGM—whether
traditional, cultural, or medicalized—the practice persists across Nigeria. As
of 2022, an estimated 19.9 million women and girls
had undergone FGM. Encouragingly, prevalence among women aged 15–49 has
declined from 25% in 2013 to a lower rate in recent years.
However, alarming trends show an increase in FGM
among young girls aged 0–14, rising from
16.9% to 19.2% over the same period, highlighting the need for stronger
enforcement and community-driven interventions[3].
Alarmingly, 1 in 4 FGM
survivors underwent the procedure at the hands of a medical
professional. This growing trend of medicalised FGM
weakens
global efforts to end the practice, as it creates a false perception of safety while continuing to inflict
harm and violate human rights[4].
FGM remains deeply entrenched in Nigerian
society, driven by cultural traditions that hinder the development and
well-being of girls. Beyond its immediate physical and psychological impact,
the practice exposes survivors to severe health risks, social
stigma, and economic disadvantages, limiting their potential and restricting their ability to fully
participate in and contribute to society.
Despite laws and policies prohibiting FGM, its
continued prevalence reveals significant gaps in
enforcement and institutional capacity. Weak implementation, limited resources, and inadequate
coordination among relevant agencies undermine efforts to eliminate
the practice,
allowing it to persist despite legal prohibitions.
Furthermore, the absence of comprehensive data
and structured support systems for FGM survivors hinders effective intervention and recovery efforts. The lack of access to psychosocial
care, medical support, and reintegration services leaves many survivors without the assistance needed to heal and rebuild
their lives.
Addressing these gaps through research and targeted programs is essential for
meaningful change.
Female Genital Mutilation (FGM) is widely
recognized as a grave violation of the rights of girls and
women, reaffirming
the fundamental principle that women’s rights are human rights.
While the global community acknowledges the human rights
abuses inherent in
FGM, it is equally crucial to recognise its far-reaching social, economic,
and health consequences.
The impact of FGM extends far beyond the
individual, affecting social, cultural, economic, and
health outcomes on a broader scale. While research has
attempted to quantify these costs, the true burden of FGM is societal, weakening
overall progress. Its long-term consequences hinder
economic development, gender equality, and public health, making its elimination not only a moral imperative but also a critical necessity for sustainable societal growth. FGM hinder economic development, gender equality, and public
health, making its
elimination not just a moral imperative but a critical
necessity for sustainable societal growth.
Female Genital Mutilation (FGM) has far-reaching and multifaceted
consequences,
affecting survivors physically, emotionally,
socially, and economically.
These impacts can be immediate or long-term, significantly shaping the lives of
girls and women in profound and lasting ways.
Conclusion
Female Genital Mutilation
(FGM) remains a grave human rights
violation, deeply embedded in cultural and social norms that compromise the dignity, health, and
opportunities of girls and women in Nigeria. While legal frameworks,
advocacy efforts, and growing awareness have contributed to progress, the
persistence of this harmful practice demands
urgent action beyond policy commitments.
To achieve the global goal of eliminating FGM by 2030,
stakeholders must transition from
declarations to concrete interventions. This includes strengthening enforcement mechanisms,
investing in community-led initiatives, and prioritizing survivor-centered
support systems. The rise of medicalised
FGM presents an additional challenge, requiring stricter regulations and ethical accountability within the
healthcare sector. Furthermore, enhancing
institutional capacity, increasing funding for grassroots initiatives, and
ensuring psychosocial and economic support for survivors must be central
to these efforts.
Ending
FGM is not just a legal or health imperative—it is a fundamental issue of
gender equality and human rights. Governments, civil
society, community leaders, and young people must work collaboratively to dismantle harmful traditions, empower survivors, and
foster a future where every girl can live free from violence and discrimination.
The time for promises has passed—now is
the moment for bold, sustained action to protect the next generation and
accelerate the end of FGM.
Comments
Post a Comment