My student’s parents want her out of school to undergo FGM
A schoolgirl. Some students are compelled by their parents to drop out of school to undergo FGM against the law.
What you need to know:
- Female Genital Mutilation is illegal and perpetrators have to be arrested, prosecuted and jailed.
- The practice poses serious risks to the health and wellbeing of girls and women, and is a human rights violation.
Dear Vivian,
I work as a teacher at a mission school in Lodwar town. One of my students aged 15, was barred from attending school by her parents, who planned to subject her to female genital mutilation (FGM). She ran away and found refuge at her aunt’s home for a while, and has been attending school. The father, on identifying the daughter’s location, tried to convince the aunt of the cultural importance of the rite. What is my role in such an instance?
Rachael Kuchal,
Turkana County
Dear Rachael,
FGM involves altering or injuring the female external genitalia for non-medical reasons. The practice has been recorded to pose serious risks to the health and wellbeing of girls and women, and is widely recognised as a human rights violation.
The United Nations Children’s Fund conducted a case study in 2020 that estimated that at least 200 million girls and women alive today have undergone some form of FGM and a further 68 million are at risk of being cut by 2030.
Kenya has undertaken strides to ensure FGM is tackled in utmost strictness.
First was the passing of the Prohibition of Female Genital Mutilation Act (2011). Part IV of the Act criminalises FGM. The Act also provides that if FGM is carried out and causes death, the perpetrator will be liable to imprisonment for life.
The Act also criminalises a person who takes another person inside or outside Kenya to perform FGM on her. The Act further criminalises individuals who aid or abet FGM.
Section 29 of the Prohibition of Female Genital Mutilation Act provides for a minimum sentence of three years when charged with the offence.
It is important, therefore, that you report this heinous act to the nearest police station. Further, you may appear as a witness in the case during trial.
Various judgments delivered by Kenyan courts have noted that FGM is a cultural practice that, despite the prohibition by the law, is deeply ingrained in the minds of many in our society. They have further acknowledged it as a harmful practice to a person’s mental and physical integrity.
Therefore, your role as a teacher places you strategically to offer education on FGM and the risk it poses to the life of a girl. When a girl is aware of the facts about FGM, as your student was, this can help her resist if she comes under pressure to undergo FGM.
Vivian
The writer is an Advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected])
