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Rapporteur insisted — would dwarf seriousness of such practices!” and moving
them closer to male circumcision, a phenomenon evidently not raising necessarily
human rights issues."
Stripping the issue of “harmful traditional practices" of its cultural dimensions
and framing it exclusively as a form of violence against women and a violation of
their human rights’? are futile attempts to escape problems coming with cultural
and religious diversity." Supposing that harmful traditional practice “needs to
be understood not as a “cultural” or “religious” problem that afflicts particular
immigrant communities ... but as a specific manifestation of the larger problem
of violence against women which concerns all communities, whether immigrant
or not” will not neutralize the politically mobilizing effect carried by various
types of honor related violence. Also, Directive 2012/29/EU establishing minimum
standards on the rights, support and protection of victims of crime (17) speaks
about “harmful practices, such as forced marriages, female genital mutilation and
so-called ‘honor crimes” which result in women victims of gender-based violence
requiring special support and protection because of the high risk of intimidation
and retaliation”. However, the opinion that certain cultural norms and beliefs are
in fact the causal factors for harmful practices resulting in violence against women
evidently prevails.”
Invoking criminal law-based control in this field — whether prohibiting or
exempting, mitigating or aggravating — comes with significant problems as
criminal law must navigate challenges of fundamental rights like freedom of
expression, freedom of religion, (gender) equality as well as “respect for equal
dignity and pluralism” considered the very foundation of pluralistic and democratic
societies.” Criminal law and criminal policy in this field are also confronted with
different interest groups and coalitions lobbying for or opposing criminalization
StGB: Wirkungen und Nebenwirkungen, Zeitschrift fiir Internationale Strafrechtsdogmatik
9 (2014), 320-339, 324.
Ninth report and final report on the situation regarding the elimination of traditional
practices affecting the health of women and the girl child, prepared by Ms. Halima Embarek
Warzazi, Economic and Social Council, E/CN.4/Sub.2/2005/36, 11 July 2005, 10.
18 For the complete history of precursor vocabulary of "mutilation" see Armelle Andro — Marie
Lesclingand, Les Mutilations Génitales Féminines. Etat des Lieux et des Connaissances,
Population 71 (2016), 224-311.
% GREVIO, Baseline Evaluation Report Italy, Strasbourg, Council of Europe, 2020, 63.
20 Mathilde Sengoelge, Guide de l’Union européenne sur les Mariages forcés/précoces (MFP):
Dispositifs d’orientation pour les professionnel/les de premiere ligne, Brussels, Centre
Hubertine Auclert, 2016, 4.
Report of the Special Rapporteur on violence against women, its causes and consequences,
Rashida Manjoo. Human Rights Council, United Nations A/HRC/20/16, 23 May 2012, 19.
European Court of Human Rights, Erbakan v. Turkey, Judgment of 6 July 2006, § 56.
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