Female genital cosmetic surgery: Legitimate refinement or illegal mutilation?

Gaffney-Rhys, Ruth

Abstract

The aim of this article is to assess whether Female Genital Cosmetic Surgery (FGCS), which refers to procedures which change the structure and appearance of healthy female genitalia for non-medical reasons, violates the Female Genital Mutilation Act 2003, in the light of CPS guidance issued in 2019 and literature regarding the motivations of women seeking FGCS and its effectiveness. The paper concludes that FGCS does, prima facie, constitute FGM and argues that the medical exception contained in the legislation should seldom be available - but based on CPS guidance, a criminal prosecution will rarely be in the public interest. The article ends by asserting that the distinction drawn in practice (if not in law) between the treatment of western and non-western women is problematic, not only because it is discriminatory, but because tolerating FGCS may serve to legitimise FGM and result in the circumvention of the FGM Act 2003.

• Journal Article Type: Review
• Acceptance Date: Oct 1, 2020
• Online Publication Date: May 21, 2021
• Publication Date: Jun 30, 2021
• Deposit Date: Aug 23, 2023
• Publicly Available Date: Aug 24, 2023
• Journal: European Journal of Health Law
• Print ISSN: 0929-0273
• Electronic ISSN: 1571-8093
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 28
• Issue: 3
• Pages: 244-262
• DOI: https://doi.org/10.1163/15718093-bja10046
• Public URL: https://uwe-repository.worktribe.com/output/11053078
• Related Public URLs: https://pure.southwales.ac.uk/en/publications/female-genital-cosmetic-surgery-legitimate-refinement-or-illegal- /> ; Haven't checked whether it is compliantly deposited yet.