Cairo, March 29, 2021
The Egyptian Center for Women’s Rights (ECWR) commends parliament’s approval of the draft bill submitted by the government to harshen the penalty for female genital mutilation (FGM). The bill aims to eliminate a crime that violates girls’ bodies, and may lead to death. It also aims to fill legal loopholes that some doctors had relied on, claiming that some girls’ condition requires the procedure to be conducted.
Many doctors believe that it is safer for girls to undergo FGM by medical professionals. The “Knowledge, Attitudes and Practices towards Female Genital Mutilation in Egypt” report produced by Tadwein Gender Research Center, has stated that:
- The majority of medical students surveyed (77.5%) believe that female circumcision is safer if performed by doctors.
- 40.5% of the students, who participated in the study, do not know the FGM law, and they have never heard of it.
- Social media and the Internet top the list of sources of information for medical students on FGM. 22.4% of the surveyed students indicated that they receive their information from social media, followed by 16.9% stated that they rely on educational institutions (universities / colleges / schools), then 14.5% have cited radio and television as their main source of information on FGM.
Therefore, it was necessary to amend the Penal Code in order to increase the punishment for anyone who carries out a FGM procedure, as well as anyone who requests or promotes that crime. The articles post-amendment stipulated the following:
Article 242 bis:
Non-medical individuals involved in performing female genital mutilation will face up to seven years in prison if the practice led to a permanent disability, and up to ten years in prison if the practice led to death. Medical professionals involved can face a minimum of ten years in prison, and if the procedure led to death, the penalty will be toughened to be between 15 to 20 years in prison.
In addition to the foregoing penalties, the court will strip the perpetrator from practicing the profession for a period not exceeding five years, and their private clinics in which the circumcision was performed will be shut, signs and banners removed, whether it was owned by the doctor who conducted the procedure, or if the owner had knowledge of the procedure being conducted, without prejudice to the rights of others and in good faith.
Article 242 bis(a):
Whoever requests female genital mutilation, and has a girl circumcised upon his request, and anyone who promotes, encourages, or advocates one of the methods set forth in Article (171) of this law to commit the crime of female genital mutilation, shall be imprisoned as stipulated in Article 242 bis, even if this action had no effect.
