Female Genital Mutilation

Female Genital Mutilation

 

Introduction

Female genital mutilation (FGM) is defined by the United Nations World Health Organization (WHO) to include any “procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.”[1] There are no documented health benefits to FGM; rather, it can cause lifelong physical and psychological harm.[2] While the practice of FGM is often associated with specific regions of the world, it occurs globally, including in the United States.[3]

What is FGM?

WHO recognizes four types of FGM:[4]

  • Type 1: Clitoridectomy – a partial or total removal of the external and visible part of the clitoris and/or the fold of skin surrounding the clitoris.
  • Type 2: Excision – a partial or total removal of the clitoris and the labia minora, with or without removal of the labia majora.
  • Type 3: Infibulation – the narrowing of the vaginal opening through creation of a covering seal formed by cutting and repositioning the labia minora or labia majora.
  • Type 4: Other harmful procedures – all other harmful procedures to female genitalia for non-medical purposes including pricking, piercing, incising, scraping and cauterizing the genital area.

FGM poses many medical and psychological risks. All forms of FGM cause immediate and long-term effects including severe pain, hemorrhage, infection, childbirth complications, sexual dysfunction, post-traumatic stress disorder (PTSD), anxiety, depression, urinary tract infections and urinary complications, and temporary or long-term physical or psychological disability.[5] Medical care for women and girls who have undergone FGM include reconstructive surgery options, mental health support, and obstetric support, including specialized clinical interventions and trauma-informed delivery planning.[6]

FGM and Human Rights

FGM is recognized internationally as a human rights violation affecting women and girls.[7] The practice violates international human rights including the right to bodily autonomy, children’s rights, gender equality, freedom from torture or cruel, inhuman, or degrading treatment, and the right to health.[8]

It is recognized as a rights violation by:

  • United Nations General Assembly
  • United Nations World Health Organization
  • United Nations Population Fund
  • United Nations Children’s Fund
  • UN Women
  • UN Human Rights Council
  • CEDAW Committee
  • African Union
  • European Union
  • World Medical Association
  • International Federation of Gynecology and Obstetrics
  • And more.

International treaties and resolutions regarding FGM include:

  • CEDAW General Recommendation No. 14: Female Circumcision (1990), UN Committee on the Elimination of Discrimination Against Women (CEDAW)[9]
  • UN Convention on the Rights of the Child (1989), United Nations Office of the High Commissioner for Human Rights[10]
  • Cairo Declaration on the Elimination of FGM (2003), Organisation of Islamic Cooperation[11]
  • Maputo Protocol, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003), African Union[12]
  • Istanbul Convention, Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) (2011), Council of Europe[13]
  • Resolution 67/146: Intensifying global efforts for the elimination of female genital mutilations (2012), United Nations General Assembly[14]
  • East African Community Prohibition of FGM Act (2016), East African Legislative Assembly[15]

Cultural and Historical Context

The practice of FGM is done on women and girls, with the majority of cases completed on girls between birth and age 15. There are many reasons why communities practice FGM.[16] Reasons differ between cultures and communities and include:[17]

  • Rite of passage into adulthood
  • Family honor
  • Marriageability[18]
  • Beliefs about purity or virginity
  • Social pressure[19]
  • Misconceptions regarding hygiene
  • Male attitudes regarding female sexuality[20]

The practice of FGM predates both Christianity and Islam,[21] and no major religion requires FGM.[22] Various religious leaders from around the world oppose the practice, including the European Council for Fatwa; the Grand Imams of Al-Azhar in Egypt; church leaders in Kenya, The Gambia, and Nigeria; and Christian missionaries in Africa and regional church bodies dating back to the 1920s.[23]

The practice of FGM is prevalent in parts of East Africa, West Africa, Northeast Africa, the Middle East, some Asian communities, and diaspora communities in Europe, North America, and Australia.[24] The prevalence of FGM varies widely even within countries and ethnic groups. Worldwide, the Centers for Disease Control (CDC) estimates up to 200 million women and girls have undergone FGM.[25]

FGM in the United States

The National Institutes of Health estimates that 513,000 women and girls in the US are at risk of FGM or have already experienced FGM.[26] Because the practice is illegal, it is difficult to obtain accurate estimates, and the true number of girls at-risk is likely much higher.

U.S. Law

Congress first criminalized FGM in 1996[27] as part of the Federal Omnibus Consolidated Appropriations Act of 1997. This act was challenged in federal district court in 2017 in United States v. Nagarwala, where it was determined that the original statute exceeded Congressional constitutional authority.[28]

A revised federal prohibition of FGM was passed through the STOP FGM Act of 2020, which relies on additional constitutional authorities including interstate commerce.[29] The STOP FGM Act additionally invokes Article I, Section 8 of the U.S. Constitution, called the Treaty Power, or the Necessary and Proper Clause. In this context, Congress asserted its authority to uphold international human rights treaties ratified by the US, such as the International Covenant on Civil and Political Rights, which obligates the country to protect children and eliminate gender-based discrimination and violence.[30] This current federal law prohibits performing FGM on minors, transporting minors domestically or internationally for FGM, and conspiracy related to FGM, where two or more people agree to commit an FGM offense and take steps to advance that plan.[31]

State Laws

Although FGM is prohibited under federal law, state-level protections are not uniform. 42 U.S. states have laws prohibiting FGM, and the level of prohibition varies widely between states.[32] All states except Montana, Nebraska, New Mexico, Mississippi, Alabama, Maine, Hawaii, and Alaska have laws criminalizing FGM.

The occurrence of FGM is an issue in Minnesota because there is a significant population from countries and cultures where FGM is fairly widely prevalent. Minnesota law enacted in 1995 prohibits performing FGM, assisting or facilitating FGM, or transporting minors for the procedure.[33] This is a felony offense with penalties including imprisonment, financial penalties, loss of professional licenses, and loss of parental rights. The law explicitly establishes that consent of an adult woman, a minor, or the minor’s parents is not a legal defense. Because FGM is considered severe sexual and physical abuse under Minnesota law, anyone designated as a mandatory reporter (doctors, nurses, teachers, social workers, police officers, members of the clergy, etc.) who suspects a child has undergone or is at risk of undergoing FGM must immediately follow legal reporting protocols.[34]

It is critical to address FGM prevention through education and outreach rather than relying solely on criminal enforcement.[35]

Court Cases

Huff v. Colorado

In June 2026, Intact Global filed Huff v. Colorado [36] in Denver District Court, challenging Colorado’s laws what is labeled as ‘genital cutting.’ The plaintiffs argue that Colorado’s legal framework is unconstitutional because it protects girls from non-medically necessary genital cutting while not providing comparable protection to boys. They specifically invoke Colorado’s Equal Rights Amendment and equal-protection principles. A decision is pending.

Hadachek v. Oregon

In March 2025, plaintiffs filed Hadachek v. Oregon [37] in Multnomah County Circuit Court, challenging Oregon’s anti-FGM statutes on the ground that they allegedly discriminate against male and intersex children by providing protections against genital cutting to girls but not comparable protections to boys and intersex children. A decision is pending.

Immigration Cases

There are ongoing federal immigration cases involving people seeking asylum or withholding of removal because they face FGM if returned to their countries.

For example, the Sixth Circuit Court decided Baro v. Blanche in June 2026. The petitioner, requesting asylum in the US, sought protection from being returned to Guinea.[38] The case addressed asylum and withholding issues rather than the constitutionality of U.S. FGM laws. Asylum in this case was denied.

Debate: Male Circumcision vs. FGM

Most U.S. states prohibit FGM on minors, while routine infant male circumcision remains legal nationwide.[39] The differential treatment of male circumcision and FGM sparks ongoing ethical and legal debate regarding consistency in bodily autonomy and child protection laws.

U.S. laws distinguish between the two because FGM is viewed as causing significant injury without recognized medical benefit, while routine male circumcision is generally recognized by courts as legally permissible parental decision-making and, according to some medical literature, may offer limited health benefits.[40]

Supporters of the legal distinction argue that the severity of tissue removal differs, medical risks differ, male circumcision typically preserves sexual and urinary function, and FGM is intended to minimize female sexual response.[41] Critics argue that both involve irreversible surgery on individuals unable to consent, bodily autonomy principles should apply equally, and cultural and religious traditions receive different legal treatment.[42]

Conclusion

Eliminating female genital mutilation requires a balance that honors respectful cultural dialogue while prioritizing the protection of children’s fundamental human rights.[43] Agencies from around the world affirm that no cultural tradition justifies irreparable harm to a child, meaning community engagement focusing on positive social norms and behaviors is more effective than condoning harmful practices.

References

[1] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation

[2] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; American College of Obstetricians and Gynecologists. (2022). Female genital mutilation/cutting. ACOG Committee Opinion No. 819. https://www.acog.org/clinical/clinical-guidance/committee-opinion/articles/2020/12/female-genital-mutilation-cutting

[3] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; Population Reference Bureau. (2015, February). Female genital mutilation/cutting in the United States: Updated estimates of women and girls at risk, 2012. https://www.prb.org/resources/female-genital-mutilation-cutting-in-the-united-states-updated-estimates-of-women-and-girls-at-risk-2012/

[4] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation;

[5] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; American College of Obstetricians and Gynecologists. (2022). Female genital mutilation/cutting. ACOG Committee Opinion No. 819. https://www.acog.org/clinical/clinical-guidance/committee-opinion/articles/2020/12/female-genital-mutilation-cutting

[6] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation;

[7] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; United Nations Human Rights Council. (Various years). Resolutions on eliminating female genital mutilation. https://www.ohchr.org/

[8] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; United Nations Human Rights Council. (Various years). Resolutions on eliminating female genital mutilation. https://www.ohchr.org/; UN Committee on the Elimination of Discrimination Against Women (CEDAW). (1990). CEDAW General Recommendation No. 14: Female Circumcision. https://www.refworld.org/legal/general/cedaw/1990/27729

[9] UN Committee on the Elimination of Discrimination Against Women (CEDAW). (1990). CEDAW General Recommendation No. 14: Female Circumcision. https://www.refworld.org/legal/general/cedaw/1990/27729

[10] United Nations Office of the High Commissioner of Human Rights. (1989). Convention on the Rights of the Child. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child

[11] United Nations Population Fund. (1994). Programme of Action of the International Conference on Population and Development (Cairo Declaration). https://www.unfpa.org/sites/default/files/event-pdf/Cairo_Declaration_English.pdf

[12] African Union. (2003). Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. https://au.int/sites/default/files/treaties/37077-sl-PROTOCOL_TO_THE_AFRICAN_CHARTER_ON_HUMAN_AND_PEOPLES_RIGHTS_ON_THE_RIGHTS_OF_WOMEN_IN_AFRICA.pdf

[13] Council of Europe. (2011). Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). https://rm.coe.int/168008482e

[14] United Nations General Assembly. (2012). Resolution adopted by the General Assembly: Intensifying global efforts for the elimination of female genital mutilations (A/RES/67/146). https://www.unfpa.org/sites/default/files/resource-pdf/67th_UNGA-Resolution_adopted_on_FGM_0.pdf

[15] East African Legislative Assembly. (2016). The East African Community Prohibition of Female Genital Mutilation Bill, 2016. http://kenyalaw.org/kl/fileadmin/pdfdownloads/EALA_Legislation/EASTAFRICANCOMMUNITYPROHIBITIONOFFEMALEGENITALMUTILATIONBILL2016.pdf

[16] Orchid Project. (n.d.). What is female genital cutting? https://www.orchidproject.org/; United Nations Children’s Fund. (2024). Female genital mutilation (FGM). https://www.unicef.org/protection/female-genital-mutilation; World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation;

[17] United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation

[18] United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation

[19] United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation

[20] United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation; Obermeyer, C. M. (1999). Female genital surgeries: The known, the unknown, and the unknowable. Medical Anthropology Quarterly, 13(1), 79-106. https://doi.org/10.1525/maq.1999.13.1.79

[21] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation;

[22] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation; United Nations Children’s Fund. (2024). Female genital mutilation (FGM). https://www.unicef.org/protection/female-genital-mutilation

[23] United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation; Orchid Project. (n.d.). What is female genital cutting? https://www.orchidproject.org/

[24] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; United Nations Children’s Fund. (2024). Female genital mutilation (FGM). https://www.unicef.org/protection/female-genital-mutilation

[25] Center for Disease Control. (2024, May 15). Female Genital Mutilation/Cutting (FGM/C). https://www.cdc.gov/reproductive-health/women-health/female-genital-mutilation-cutting.html

[26] Goldberg, H., Stupp, P., Okorah, E., Besera, G., Goodman, D., and Danel, I. (2016). Female Genital Mutilation/Cutting in the United States: Updated Estimates of Women and Girls at Risk, 2012.  Public Health Rep. 2016 Mar-Apr;131(2):340-7. doi: 10.1177/003335491613100218

[27] U.S. Department of Justice. (n.d.). Female genital mutilation/cutting. https://www.justice.gov/

[28] United States v. Nagarwala, 350 F. Supp. 3d 613 (E.D. Mich. 2018). https://law.justia.com/cases/federal/district-courts/michigan/miedce/2:2017cr20274/322150/149/

[29] U.S. Congress. (2021). STOP FGM Act of 2020, Pub. L. No. 116-309, 134 Stat. 4929. https://www.congress.gov/116/plaws/publ309/PLAW-116publ309.pdf

[30] U.S. Congress. (2021). STOP FGM Act of 2020, Pub. L. No. 116-309, 134 Stat. 4929. https://www.congress.gov/116/plaws/publ309/PLAW-116publ309.pdf

[31] U.S. Congress. (2021). STOP FGM Act of 2020, Pub. L. No. 116-309, 134 Stat. 4929. https://www.congress.gov/116/plaws/publ309/PLAW-116publ309.pdf; U.S. Department of Justice. (n.d.). Female genital mutilation/cutting. https://www.justice.gov/

[32] Equality Now. (n.d.). U.S. laws against FGM: State-by-state map. https://equalitynow.org/what-we-do/womens-rights-around-the-world/womens-rights-in-north-america/us-laws-against-fgm-state-by-state-map/

[33] Minnesota Legislature. (2025). Minnesota Statutes § 609.2245: Female genital mutilation. https://www.revisor.mn.gov/statutes/cite/609.2245

[34] Minnesota Department of Human Services. (n.d.). Mandated reporting of child maltreatment. https://mn.gov/dhs/

[35] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation; Minnesota Department of Health. (n.d.). Female genital mutilation/cutting (FGM/C). https://www.health.state.mn.us/

[36] Huff v. Colorado, No. 2026CV30XXX (2026, June 10). https://www.galdef.org/2026/07/25/intact-global-files-colorado-equal-protection-legal-challenge/

[37] Hadachek v. Oregon, No. 25CV128224 (2025, October). https://cdn.prod.website-files.com/66119b8c4d0c10f1951590fc/67e6d9785f82dc54c6513cb7_2025-03-28%20-%20Hadachek%20v.%20Oregon%20-%20Amended%20Complaint%20(Conformed).pdf

[38] Baro v. Blanche, No. 25-3894 (2026, June 16). https://law.justia.com/cases/federal/appellate-courts/ca6/25-3894/25-3894-2026-06-16.html

[39] U.S. Congress. (2021). STOP FGM Act of 2020, Pub. L. No. 116-309, 134 Stat. 4929. https://www.congress.gov/116/plaws/publ309/PLAW-116publ309.pdf; American Academy of Pediatrics. (2012). Male circumcision. Pediatrics, 130(3), e756-e785. https://doi.org/10.1542/peds.2012-1990

[40] U.S. Congress. (2021). STOP FGM Act of 2020, Pub. L. No. 116-309, 134 Stat. 4929. https://www.congress.gov/116/plaws/publ309/PLAW-116publ309.pdf; American Academy of Pediatrics. (2012). Male circumcision. Pediatrics, 130(3), e756-e785. https://doi.org/10.1542/peds.2012-1990; Benatar, M., & Benatar, D. (2003). Between prophylaxis and child abuse: The ethics of neonatal male circumcision. The American Journal of Bioethics, 3(2), 35-48. https://doi.org/10.1162/152651603766436216

[41] World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation; American Academy of Pediatrics. (2012). Male circumcision. Pediatrics, 130(3), e756-e785. https://doi.org/10.1542/peds.2012-1990

[42] Benatar, M., & Benatar, D. (2003). Between prophylaxis and child abuse: The ethics of neonatal male circumcision. The American Journal of Bioethics, 3(2), 35-48. https://doi.org/10.1162/152651603766436216; Svoboda, J. S. (2013). Promoting genital autonomy by exploring commonalities between male, female, and intersex genital cutting. Global Discourse, 3(2), 237-255. https://doi.org/10.1080/23269995.2013.804757; Obermeyer, C. M. (1999). Female genital surgeries: The known, the unknown, and the unknowable. Medical Anthropology Quarterly, 13(1), 79-106. https://doi.org/10.1525/maq.1999.13.1.79

[43] United Nations Population Fund. (2024). Female genital mutilation (FGM). https://www.unfpa.org/female-genital-mutilation; World Health Organization. (2025, January 31). Female genital mutilation. https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation