International Criminal Law

International Criminal Law

Female Genital Mutilation as a Violation of Human Dignity: A Comparative Examination of International Commitments and National Criminal Responses

Articles in Press

Document Type : Original Article

Authors
Mohammad Mahdi Saghian 1
Hadis Jahanpeykar 2
1 Assistant Professor, Department of Criminal law and Criminology, University of Tehran, Tehran, Iran.
2 Department of Criminal Law and Criminology, Amoli Branch, Mazandaran, Iran.
10.22034/iclj.2026.527571.1142
Abstract
Female Genital Mutilation/Cutting (FGM/C) constitutes one of the most severe forms of gender‑based violence and persists despite extensive international human rights commitments. This article adopts an analytical‑comparative approach to examine the relationship between international legal obligations and national criminal responses to FGM/C. By analyzing key human rights instruments—including CEDAW, the Maputo Protocol, and the Istanbul Convention—and comparing four legal systems (Iran, Kenya, Egypt, and France), the study demonstrates that criminalization alone is insufficient without institutional support and cultural transformation. The findings reveal that in Iran, despite the lack of any religious justification for the practice, the absence of a specific criminal provision results in judicial silence and inadequate victim protection. In contrast, legal systems with explicit legislation and dedicated enforcement mechanisms have achieved tangible reductions in prevalence. The article concludes that effective eradication of FGM/C requires a holistic criminal policy that integrates explicit criminalization, institutional safeguards, and socio‑cultural reform, enabling a shift from passive tolerance toward an active, rights‑based penal approach.
Keywords
Female Genital Mutilation (FGM/C)
Criminalization
International Human Rights
Comparative Criminal Policy
Human Dignity
International Criminal Law

Articles in Press, Accepted Manuscript
Available Online from 31 May 2026

  • Receive Date 07 November 2025
  • Revise Date 17 December 2025
  • Accept Date 31 May 2026